Order of the Court (First Chamber) of 30 June 2011 (reference for a preliminary ruling from the Rechtbank van Koophandel te Dendermonde — Belgium) — Wamo BVBA v JBC NV, Modemakers Fashion NV

(Case C-288/10) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Directive 2005/29/EC - Unfair commercial practices - National legislation prohibiting announcements of price reductions or announcements suggesting such reductions)

2011/C 252/15

Language of the case: Dutch

Referring court

Rechtbank van Koophandel te Dendermonde

Parties to the main proceedings

Applicant: Wamo BVBA

Defendants: JBC NV, Modemakers Fashion NV

Re:

Reference for a preliminary ruling — Rechtbank van Koophandel te Dendermonde — Interpretation of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC and Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22) — National legislation prohibiting announcements of price reductions or announcements suggesting such reductions during certain periods preceding sales in specified sectors.

Operative part of the order

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC and Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) must be interpreted as precluding a national provision, such as that at issue in the main proceedings, which provides for a general prohibition of announcements of price reductions or announcements suggesting such reductions during the period preceding sales, in so far as the provision pursues objectives relating to consumer protection. It is for the national court to determine whether that is the situation in the case in the main proceedings.

(1)  OJ C 246, 11.9.2010.