12.9.2016
EN
Official Journal of the European Union
C 335/6
Judgment of the Court (Fourth Chamber) of 7 July 2016 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Citroën Commerce GmbH v Zentralvereinigung des Kraftfahrzeuggewerbes zur Aufrechterhaltung lauteren Wettbewerbs e.V. (ZLW)
(Case C-476/14) (1)
((Reference for a preliminary ruling - Directives 98/6/EC and 2005/29/EC - Consumer protection - Advertisement containing an indication of price - Concepts of ‘offer’ and ‘price inclusive of taxes’ - Obligation to include in the price of a motor vehicle the additional costs necessarily incurred in connection with the transfer of the vehicle))
(2016/C 335/07)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: Citroën Commerce GmbH
Defendant: Zentralvereinigung des Kraftfahrzeuggewerbes zur Aufrechterhaltung lauteren Wettbewerbs e.V. (ZLW)
Operative part of the judgment
Article 3 of Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers, read in conjunction with Article 1 and Article 2(a) of that directive, must be interpreted as meaning that costs in connection with the transfer of a motor vehicle from the manufacturer to the dealer, which are payable by the consumer, must be included in the selling price of that vehicle indicated in an advertisement made by the trader when, having regard to all the features of that advertisement, in the eyes of the consumer it sets out an offer concerning that vehicle. It is for the referring court to determine whether all those conditions are satisfied.
(1) OJ C 462, 22.12.2014.
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