19.4.2022   

EN

Official Journal of the European Union

C 165/33


Request for a preliminary ruling from the Landgericht Essen (Germany) lodged on 10 February 2022 — DC v HJ

(Case C-97/22)

(2022/C 165/42)

Language of the case: German

Referring court

Landgericht Essen

Parties to the main proceedings

Applicant: DC

Defendant: HJ

Question referred

Must Article 14(5) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (1) be interpreted as meaning that, in the event that the customer withdraws his or her declaration of intention to conclude an off-premises construction contract only after the trader has already (fully) performed his or her services, it also precludes any entitlement to compensation or compensation for value on the part of the trader where the conditions of entitlement to compensation or compensation for value under the rules governing the legal consequences of withdrawal are not met, but the customer’s assets have been enhanced as a result of the trader’s construction work, that is to say, he or she has been enriched?


(1)  OJ 2011 L 304, p. 64.