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31.10.2016 |
EN |
Official Journal of the European Union |
C 402/10 |
Judgment of the Court (Eighth Chamber) of 7 September 2016 (request for a preliminary ruling from the Cour de cassation — France) — Vincent Deroo-Blanquart v Sony Europe Limited, successor in law to Sony France SA
(Case C-310/15) (1)
((Reference for a preliminary ruling - Consumer protection - Unfair commercial practices - Directive 2005/29/EC - Articles 5 and 7 - Combined offer - Sale of a computer equipped with pre-installed software - Material information relating to the price - Misleading omission - Consumer unable to obtain the same model of computer not equipped with software))
(2016/C 402/12)
Language of the case: French
Referring court
Cour de cassation
Parties to the main proceedings
Applicant: Vincent Deroo-Blanquart
Defendant: Sony Europe Limited, successor in law to Sony France SA
Operative part of the judgment
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1. |
A commercial practice consisting of the sale of a computer equipped with pre-installed software without any option for the consumer to purchase the same model of computer not equipped with pre-installed software does not in itself constitute an unfair commercial practice within the meaning of Article 5(2) 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, 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’), unless such a practice is contrary to the requirements of professional diligence and materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product, a matter which is for the national court to determine by taking account of the specific circumstances of the case in the main proceedings. |
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2. |
In the context of a combined offer consisting of the sale of a computer equipped with pre-installed software, the failure to indicate the price of each of those items of pre-installed software does not constitute a misleading commercial practice within the meaning of Article 5(4)(a) and Article 7 of Directive 2005/29. |