8.7.2019   

EN

Official Journal of the European Union

C 230/20


Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 29 March 2019 — EIS GmbH v TO

(Case C-266/19)

(2019/C 230/24)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: EIS GmbH

Defendant: TO

Questions referred

1.

Is a telephone number ‘available’ within the meaning of the instructions for completion for model instructions on withdrawal set out in Annex I.A to Directive 2011/83/EU (1) if the trader specifies the telephone number within the legal notice or clearly and explicitly displays it on the homepage of his website?

2.

Is a telephone number ‘available’ within the meaning of the instructions for completion for model instructions on withdrawal set out in Annex I.A to Directive 2011/83/EU if, although the trader uses the telephone connection for commercial purposes, he does not use it to enter into distance contracts and therefore does not operate it for the purpose of terminating distance contracts in the form of an acceptance of notices of withdrawal either?


(1)  Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (OJ 2011 L 304, p. 64).