JUDGMENT OF THE COURT (First Chamber)
July 10, 2019(*)
“(Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 6(1)(c) – Obligation to provide information in distance and off-premises contracts – Scope) (c) – Duty to provide information in distance and off-premises contracts – Obligation on the trader to provide his telephone and fax numbers ‘where applicable’ – Scope’
In the case C-649/17
REFERENCE for a preliminary ruling under Article 267 TFEU from the Bundesgerichtshof (Germany), made by decision of 5 October 2017, received at the Court on 21 November 2017, in the proceedings
Bundesverband der Verbraucherzentralen und Verbraucherverbände – Federation of GermanConsumer Organizations – Verbraucherzentrale Bundesverband e. V.
vs.
Amazon EU Sàrl
enacts
THE COURT (First Chamber)
composed of: J.-C. Bonichot, President of Chamber Bonichot, K. Lenaerts, President of the Court, acting as Judge of the First Chamber, C. Toader, L. Bay Larsen and M. Safjan (Rapporteur), Judges. Toader, L. Bay Larsen and M. Safjan (Rapporteur), Judges,
Advocate General: G. Pitruzzella,
Registrar: R. Şereş, member of the Board of Directors,
based on the written procedure and the oral hearing on November 22, 2018,
Taking into account the declarations
– of the Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband e. V., represented by the lawyers J. Kummer and P. Wassermann,
– Amazon EU Sàrl, represented by C. Rohnke, lawyer,
– the German government, initially represented by T. Henze and M. Hellmann, then by M. Hellmann and U. Bartl as authorized representatives,
– the French Government, by J. Traband and A.-L. Desjonquères as authorized representatives,
– the European Commission, by C. Hödlmayr, N. Ruiz García and C. Valero, acting as Agents,
after hearing the Opinion of the Advocate General at the sitting on February 28, 2019
following
Verdict
1 This reference for a preliminary ruling concerns the interpretation of Art. 6 para. 1 lit. c 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 (OJ 2011 L 304, p. 64).
2 The request has been made in proceedings between the Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband e.V. (Germany) (‘the Bundesverband’) and Amazon EU Sàrl concerning an action for an injunction brought by the Bundesverband against Amazon EU’s practices in the provision of information enabling consumers to contact that company.
Legal framework
Union law
3 Recitals 4, 5, 7, 12, 21 and 34 in the preamble to Directive 2011/83 state that
“(4) … The harmonization of certain aspects of distance and off-premises consumer contracts is essential in order to promote a genuine internal market for consumers which strikes the best possible balance between a high level of consumer protection and the competitiveness of businesses ….
(5) … [T]he full harmonization of consumer information and the right of withdrawal in distance and off-premises contracts [dürfte] contributes to a high level of consumer protection and to the better functioning of the internal market for business-to-consumer transactions.
…
(7) Full harmonization of certain essential aspects of the relevant rules should significantly increase legal certainty for both consumers and traders. Both consumers and traders should be able to rely on a single legal framework based on clearly defined legal concepts and regulating certain aspects of business-to-consumer contracts across the Union. Such harmonization should remove the obstacles resulting from legal fragmentation and complete the internal market in this area. These barriers can only be removed by the introduction of uniform legislation at Union level. In addition, consumers should benefit from a high and uniform level of consumer protection throughout the Union.
…
(12) Die in dieser Richtlinie vorgesehenen Informationspflichten sollten die Informationspflichten nach der Richtlinie 2006/123/EG des Europäischen Parlaments und des Rates vom 12. Dezember 2006 über Dienstleistungen im Binnenmarkt [(ABl. 2006, L 376, S. 36)] und nach der Richtlinie 2000/31/EG des Europäischen Parlaments und des Rates vom 8. Juni 2000 über bestimmte rechtliche Aspekte der Dienste der Informationsgesellschaft, insbesondere des elektronischen Geschäftsverkehrs, im Binnenmarkt (‚Richtlinie über den elektronischen Geschäftsverkehr‘) [(ABl. 2000, L 178, S. 1)] ergänzen. Die Mitgliedstaaten sollten weiterhin die Möglichkeit haben, den in ihrem Hoheitsgebiet niedergelassenen Dienstleistungserbringern zusätzliche Informationspflichten aufzuerlegen.
…
(21) … Away from business premises, the consumer may be under psychological pressure or exposed to an element of surprise, whether or not the consumer has brought about the trader’s visit. …
…
(34) Bevor der Verbraucher durch einen Fernabsatzvertrag oder einen außerhalb von Geschäftsräumen geschlossenen Vertrag, durch einen anderen als einen Fernabsatzvertrag oder außerhalb von Geschäftsräumen geschlossenen Vertrag oder ein entsprechendes Vertragsangebot gebunden ist, sollte der Unternehmer den Verbraucher in klarer und verständlicher Weise informieren. Bei der Bereitstellung dieser Informationen sollte der Unternehmer den besonderen Bedürfnissen von Verbrauchern Rechnung tragen, die aufgrund ihrer geistigen oder körperlichen Behinderung, ihrer psychischen Labilität, ihres Alters oder ihrer Leichtgläubigkeit in einer Weise besonders schutzbedürftig sind, die für den Unternehmer vernünftigerweise erkennbar ist. Die Berücksichtigung dieser besonderen Bedürfnisse sollte jedoch nicht zu unterschiedlichen Verbraucherschutzniveaus führen.“
4 Art. 1 (“Subject matter”) of Directive 2011/83 reads:
“The purpose of this Directive is to achieve a high level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States relating to contracts concluded between consumers and traders, thereby contributing to the proper functioning of the internal market.”
5 Article 2 (“Definitions”) of this Directive provides:
“For the purposes of this Directive, the terms
…
(7) ‘distance contract’ means any contract concluded between the trader and the consumer, without the simultaneous physical presence of the trader and the consumer, within the framework of a distance selling sales or service provision system, whereby up to and including the moment of conclusion of the contract, only one or more means of distance communication are used;
8. ‘off-premises contract’ means any contract between the trader and the consumer,
a) which is concluded in the simultaneous physical presence of the trader and the consumer at a place other than the trader’s business premises;
(b) for which the consumer has made an offer in the circumstances referred to in point (a);
(c) which is concluded on the trader’s business premises or by means of distance communication, immediately after the consumer has been addressed personally and individually at a place other than the trader’s business premises in the simultaneous physical presence of the trader and the consumer; or
d) which is concluded during an excursion organized by the trader with the intention or with the result of promoting the sale of goods or the provision of services to the consumer and concluding corresponding contracts with the consumer;
…“
6 Art. 4 (“Degree of harmonization”) of Directive 2011/83 reads:
“Unless otherwise provided for in this Directive, Member States shall neither maintain nor introduce national provisions derogating from the provisions of this Directive, including more stringent or less stringent provisions aimed at ensuring a different level of consumer protection.”
7 Art. 5 of Directive 2011/83 is contained in its Chapter II (“Information to consumers in respect of contracts other than distance or off-premises contracts”).
8 This Art. 5 (“Information requirements for contracts other than distance or off-premises contracts”) states:
“(1) Before the consumer is bound by a contract other than a distance contract or an off-premises contract or a corresponding contract offer, the trader shall inform the consumer in a clear and comprehensible manner of the following, unless this information is already apparent from the circumstances:
…
(b) the identity of the trader, such as his trading name and the address of the place where he is established and his telephone number;
…
(4. Member States may introduce or maintain additional pre-contractual information requirements for contracts to which this Article applies.”
9 Chapter III (“Consumer information and right of withdrawal for distance and off-premises contracts”) of Directive 2011/83 contains Articles 6 to 16 thereof.
10 Art. 6 (“Information requirements for distance and off-premises contracts”) of this Directive provides:
“(1) Before the consumer is bound by a distance contract or an off-premises contract or a corresponding contract offer, the trader shall inform the consumer in a clear and comprehensible manner of the following:
…
(c) the address of the place where the trader is established and, where applicable, his telephone number, fax number and e-mail address so that the consumer can contact him quickly and communicate with him efficiently and, where applicable, the address and identity of the trader on whose behalf he is acting;
…
4. The information referred to in points (h), (i) and (j) of paragraph 1 may be given by means of the model withdrawal form set out in Part A of Annex I. The trader’s obligation to provide the information referred to in points (h), (i) and (j) of paragraph 1 is fulfilled if the trader has provided the consumer with this information form duly completed.
(5. The information referred to in paragraph 1 shall form an integral part of the distance contract or off-premises contract and may not be amended unless the parties expressly agree otherwise.
…
(8) The information requirements laid down in this Directive are in addition to the information requirements laid down in Directive 2006/123… and Directive 2000/31… and do not prevent Member States from imposing additional information requirements in accordance with those Directives.
Without prejudice to the first subparagraph, in the event of conflict between a provision of Directive 2006/123… or Directive 2000/31… concerning the content of the information and the way in which the information is to be provided and a provision of this Directive, the provision of this Directive shall prevail.
…“
11 Art. 21 (“Telephone communications”) para. 1 of Directive 2011/83 provides:
“Member States shall ensure that the consumer is not obliged to pay more than the basic rate when contacting the trader by telephone if the trader has set up a telephone line to contact him by telephone in connection with the contract concluded.”
12 Annex I (“Information on exercising the right of withdrawal”) of this Directive contains Part A (“Model withdrawal instructions”) and Part B (“Model withdrawal form”).
13 Part A of this Annex provides in particular instructions that the trader must follow in order to provide the consumer with the model withdrawal notice, and specifically the following information:
“Insert your name, address and, if available, your telephone number, fax number and e-mail address.”
14 Part B of this Annex contains a paragraph with the following wording:
“To [here the name, address and, if applicable, the fax number and e-mail address of the entrepreneur must be inserted by the entrepreneur]”.
German law
15 Section 312d (“Duty to provide information”) para. 1 of the German Civil Code:
“In the case of contracts concluded away from business premises and distance contracts, the trader is obliged to inform the consumer in accordance with Article 246a of the Introductory Act to the German Civil Code [(hereinafter: EGBGB)]. The information provided by the trader in fulfillment of this obligation shall become part of the contract, unless the contracting parties have expressly agreed otherwise.”
16 Art. 246a (“Information requirements for contracts concluded away from business premises and distance contracts with the exception of contracts for financial services”) EGBGB stipulates in its § 1 para. 1 No. 2:
“In accordance with Section 312d (1) of the German Civil Code, the trader is obliged to provide the consumer with the following information:
…
2. his identity, such as his trading name and the address of the place where he is established, his telephone number and, where applicable, his fax number and e-mail address and, where applicable, the address and identity of the trader on whose behalf he is acting.”
The main proceedings and the questions referred
17 Amazon EU operates an online store for various goods at the Internet address www.amazon.de.
18 During the ordering process on this website in August 2014, the consumer had the option of clicking on an electronic link labeled “Contact us” before completing the order. This took the consumer to a website where they could choose between three options under the heading “Contact us” and the note “How would you like to contact us?”, namely sending an email, contacting us by telephone or starting an online exchange via instant messaging (chat). However, a fax number was not provided on this page. If the consumer selected the option to contact the company by telephone, another website opened, where he was given the opportunity to enter his telephone number and be called. The same page also contained the note “If you prefer, you can also call our general help number”. The reference to “general help number” opened a window with telephone numbers of Amazon EU, which contained the following text:
“General help number
Please note: We recommend using the ‘Call now’ function instead to get support quickly. We can help you immediately based on the information you have already provided.
If you prefer to call the general help number, please note that you will have to answer a series of questions to verify your identity.
If you wish to contact us in the conventional way, you can also reach us at the following telephone numbers: …”
19 Under “Imprint” on the website www.amazon.de, the consumer could also access the page with the option to be called via the “Contact us” button.
20 According to the Federal Association, Amazon EU is in breach of its legal obligation to provide consumers with efficient means of contacting it because the company does not inform consumers of its telephone and fax numbers in a legally sufficient manner. Furthermore, Amazon EU does not provide a clear and comprehensible telephone number. The call-back service does not meet the information requirements, as a large number of steps are required for the consumer to get in touch with a contact person at the company.
21 The Federal Association brought an action before the Regional Court of Cologne (Germany) seeking an injunction against Amazon EU’s practices in providing information on the company’s website.
22 After this action was dismissed in a ruling dated October 13, 2015, the Federal Association appealed against this ruling to the Cologne Higher Regional Court (Germany).
23 In its ruling of July 8, 2016, the Higher Regional Court of Cologne (Germany) rejected the appeal of the Federal Association. In the opinion of this court, Amazon EU fulfilled its pre-contractual information obligations by offering consumers sufficient communication options via its call-back system and the option to contact the company via chat or email.
24 The Bundesverband then lodged an appeal on a point of law with the referring court, the Bundesgerichtshof (Federal Court of Justice, Germany).
25 The referring court takes the view that, in order to resolve the dispute before it, it is necessary, in particular, to determine the scope of the words ‘lorsqu’ils sont disponibles’, ‘where appropriate’ or ‘where available’ in the French, German and English versions of Article 6(1)(b) of Regulation No 40/94. 1 lit. c of Directive 2011/83.
26 In that regard, it is apparent from a guidance document published by the European Commission in June 2014 on Directive 2011/83 that the phrase referred to applies to all three of the situations referred to in Article 6(1)(b) of that directive. 1 lit. c of that directive, namely telephone, fax and email.
27 Therefore, according to the referring court, the information to be provided by the trader need only concern the means of communication already available in his business. On the other hand, the trader is not required to set up a new telephone or fax line or an email account if he decides to conclude distance contracts.
28 In this context, the question arises as to whether a trader who has a communication channel such as telephone, fax or email, but uses these means of communication exclusively for communication with traders or public authorities, is not subject to Article 6 para. 1 lit. c of Directive 2011/83 is obliged to provide information about these means of communication also in the context of the conclusion of distance contracts with consumers.
29 If the answer were in the affirmative, a trader would be obliged to change its operational organization and hire additional employees if it started distance selling to consumers, which could violate its freedom to conduct a business as enshrined in Art. 16 and Art. 17 para. 1 of the Charter of Fundamental Rights of the European Union (hereinafter: Charter).
30 Moreover, such an interpretation would run counter to the objective of the directive, expressed in recital 4, to ensure the best possible balance between a high level of consumer protection and the competitiveness of undertakings.
31 In those circumstances, the Bundesgerichtshof decided to stay the proceedings and to refer the following questions to the Court for a preliminary ruling:
(1) Can the Member States provide for a provision which – like the provision in Art. 246a § 1 para. 1 sentence 1 no. 2 EGBGB – obliges the trader, in the context of the conclusion of distance contracts, always to provide the consumer with his telephone number (not only where appropriate, but) before the consumer makes his contractual declaration?
(2) Does the provision in (the German language version of) Art. 6 para. 1 lit. c of Directive 2011/83 mean that a trader is only required to provide information about the means of communication already actually available in his business and is therefore not required to set up a telephone or fax line or an email account if he decides to conclude distance contracts in his business?
3. if the answer to question 2 is in the affirmative:
Does the provision in (the German language version of) Art. 6 para. 1 lit. c of Directive 2011/83 mean that only those means of communication already exist in a business which are actually used by the trader in any event for contact with consumers in the context of the conclusion of distance contracts, or do those means of communication also exist in the business which have hitherto been used by the trader exclusively for other purposes, such as communication with traders or public authorities?
4. if the right referred to in Art. 6 para. 1 lit. c of Directive 2011/83 exhaustive, or may the trader also use other means of communication not mentioned therein – such as an internet chat or a telephone call-back system – provided that this ensures rapid contact and efficient communication?
5. if the application of the transparency requirement of Art. 6 para. 1 of Directive 2011/83, according to which the trader must inform the consumer in a clear and comprehensible manner of the information referred to in Art. 6 para. 1 lit. c of Directive 2011/83, does it depend on whether the information is provided quickly and efficiently?
On the questions referred
32 By its questions, which it is appropriate to examine together, the referring court asks, in essence, whether Article 6(1)(b) of Regulation No 40/94 applies. 1 lit. c of Directive 2011/83 must be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which a trader is required, before concluding a distance or off-premises contract with a consumer within the meaning of Article 2(7) and (8) of that directive, always to provide his telephone number and whether that provision requires the trader to provide a telephone or off-premises number. 7 and 8 of that directive, and whether that provision requires the trader to set up a telephone or fax line or an email account in order to enable consumers to contact him. The referring court also wishes to know whether, in circumstances such as those at issue in the main proceedings, a trader may use means of communication which are not covered by Article 6(1)(b) of that directive. 1 lit. c of Directive 2011/83, such as an internet chat or a call-back system.
33 First of all, it should be recalled that according to Art. 6 para. 1 lit. (c) of Directive 2011/83, before the consumer is bound by a distance contract or an off-premises contract or a corresponding contractual offer, the trader must inform the consumer in a clear and comprehensible manner of the address of the place where the trader is established and, where appropriate, his telephone number, fax number and email address so that the consumer can contact him quickly and communicate effectively with him and, where appropriate, the address and identity of the trader on whose behalf he is acting.
34 It is apparent from the order for reference and the observations of the parties to the main proceedings and the other parties to the present case that there are two interpretations of the wording of Article 6(1)(b) of Regulation No 40/94. 1 lit. c of Directive 2011/83 are conceivable. On the one hand, that provision could be understood as requiring the trader to inform the consumer of his telephone number and fax number if the trader has such numbers. On the other hand, the trader could only be obliged to do so if he uses telephone and fax in contact with consumers.
35 The scope of this provision cannot be determined precisely on the basis of its wording alone and, in particular, on the basis of the phrase “where appropriate” contained therein.
36 This question is also answered by analyzing the different language versions of Art. 6 para. 1 lit. c of Directive 2011/83 does not answer this question. Most of the language versions, in particular the English (‘where available’), French (‘lorsqu’ils sont disponibles’), Italian (‘ove disponibili’), Dutch (‘indien beschikbaar’), Polish (‘o ile jest dostępny’) and Finnish (‘jos nämä ovat käytettävissä’) language versions indicate that the trader’s obligation under this provision to inform the consumer of his telephone and fax numbers only applies if the trader has these means of communication. However, some other versions of this provision, in particular the Spanish (“cuando proceda”) and German (“gegebenenfalls”) language versions, do not make it possible to determine the circumstances in which this obligation does not apply.
37 The provision must therefore be interpreted in the light of its context and the objectives pursued by the legislation of which it forms part (see, by analogy, judgments of January 24, 2019, Balandin and Others, C-477/17, EU:C:2019:60, paragraph 31, and of February 26, 2019, Rimšēvičs and ECB v Latvia, C-202/18 and C-238/18, EU:C:2019:139, paragraph 45).
38 With regard to the context in which Art. 6 para. 1 lit. c of Directive 2011/83 and the general scheme of that directive, it must be held that that provision imposes a pre-contractual information obligation in relation to distance contracts and contracts concluded away from business premises within the meaning of Article 2(7) and (8) of that directive. 7 and 8 of that directive.
39 As is apparent from Article 1 of Directive 2011/83 in the light of recitals 4, 5 and 7 in the preamble thereto, its purpose is to ensure a high level of consumer protection by guaranteeing the information and safety of consumers in transactions with traders. In addition, consumer protection is enshrined in Union policy in Article 169 TFEU and Article 38 of the Charter.
40 Directive 2011/83 aims to provide consumers with far-reaching protection by granting them certain rights, in particular when concluding distance and off-premises contracts (see, to that effect, judgment of January 23, 2019, Walbusch Walter Busch, C-430/17, EU:C:2019:47, para. 35).
41 In particular, the possibility for the consumer to contact the trader quickly and communicate with him efficiently, as set out in Art. 6 para. 1 lit. c of Directive 2011/83 is of fundamental importance for the protection and effective enforcement of consumer rights, in particular the right of withdrawal, the modalities and conditions for exercising which are set out in Articles 9 to 16 of that directive.
42 For this reason, by the way, Part A (“Model withdrawal instructions”) of Annex I to Directive 2011/83, which is partly adopted in Part B (“Model withdrawal form”), provides for the indication of the trader’s address and, if available, his telephone number, fax number and e-mail address.
43 Against this background, Art. 6 para. 1 of Directive 2011/83 is intended to ensure that, prior to the conclusion of a contract, the consumer is provided with both the information on the terms of the contract and the consequences of the conclusion of the contract which enable the consumer to decide whether he wishes to be contractually bound to a trader (see, to that effect, judgment of 23 January 2019, Walbusch Walter Busch, C-430/17, EU:C:2019:47 para. 36). January 2019, Walbusch Walter Busch, C-430/17, EU:C:2019:47, para. 36), as well as the information necessary for the proper performance of the contract and, in particular, for the exercise of his rights, in particular his right of withdrawal (see, by analogy, judgment of 5 July 2012, Content Services, C-49/11, EU:C:2012:419, para. 34).
44 In that regard, as stated in para. 41 of the present judgment, the possibility for the consumer to exercise his right of appeal pursuant to Art. 6 para. 1 lit. c of Directive 2011/83 to contact the trader quickly and communicate with him efficiently is of fundamental importance for the protection of his rights. Nevertheless, the interpretation of that provision must strike a fair balance between a high level of consumer protection and the competitiveness of undertakings, as is apparent from recital 4 in the preamble to that directive, while respecting the trader’s freedom to conduct a business, as guaranteed by Article 16 of the Charter (see, by analogy, judgment of 23 January 2019, Walbusch Walter Busch, C-430/17, EU:C:2019:47, paragraphs 41 and 42).
45 In that regard, it must be held that, by adopting the provisions of Directive 2011/83 and, in particular, Article 6(1)(b) thereof, the EU legislature 1 lit. c, considered that, as stated in recital 34 in the preamble to that directive, when providing pre-contractual information, the trader should take into account the specific needs of consumers who, because of their mental or physical disability, psychological instability, age or credulity, are particularly vulnerable in a way that is reasonably recognizable to the trader.
46 It follows from the foregoing that Art. 6 para. 1 lit. c of Directive 2011/83 does not specify the exact nature of the means of communication to be provided by the trader, but imposes a binding obligation on the trader to provide each consumer with a means of communication by which the consumer can contact him quickly and communicate with him efficiently.
47 It is for the referring court to assess whether, in the light of all the circumstances in which the consumer contacts the trader via a website, in particular having regard to the presentation and functionality of that site, the means of communication made available to the consumer by that trader enable the consumer to communicate with the trader in accordance with Article 6(1)(b) of Regulation No 40/94. 1 lit. c of Directive 2011/83 and to communicate efficiently with the trader.
48 Moreover, an unconditional obligation to always provide the consumer with a telephone number or even to set up a new telephone line, fax line or e-mail account so that consumers can contact the trader seems disproportionate, particularly in the economic context of the operation of certain businesses, especially smaller ones, which may seek to reduce their operating costs by organizing distribution or service provision at a distance or away from their business premises.
49 In addition, Art. 5 para. 1(b) of Directive 2011/83 regarding the trader’s information requirements for contracts other than distance or off-premises contracts clearly states that, before the consumer is bound by such a contract or offer, the trader must inform the consumer ‘in a clear and comprehensible manner of the following [informiert], unless this information is already apparent from the circumstances: … the identity of the trader, for example his trading name and the address of the place where he is established and his telephone number”. It therefore seems plausible that the Union legislator, had it intended to comply with the trader’s obligation under Art. 6 para. 1 lit. (c) of Directive 2011/83 with the same scope as the obligation to which the trader is clearly subject under Article 5(1)(b) of that directive. 1(b) of the directive, the same wording would have been used.
50 Finally, as the Advocate General stated in point 76 of his Opinion, Article 21 of Directive 2011/83, which requires Member States not to allow the trader who has set up a telephone line for contact with the consumer to apply tariffs higher than the basic tariff when the consumer contacts him in connection with the contract concluded, also supports the application of Article 6(1)(b) of Directive 2011/83. 1 lit. c of Directive 2011/83 to the effect that the use of the telephone by a trader as a means of communication with the consumer is not obligatory in distance contracts, even in the context of a pre-contractual relationship.
51 In the light of the foregoing, the phrase ‘where appropriate’ in Article 6(1)(b) of Regulation No. 1 lit. c of Directive 2011/83 must be interpreted as meaning that it covers cases in which the trader has a telephone or fax number and does not use it solely for purposes other than contact with consumers. Otherwise, this provision does not oblige him to inform the consumer of this telephone number or even to set up a new telephone or fax line or an e-mail account so that consumers can contact him.
52 Furthermore, that provision does not preclude the trader from making available means of communication other than those for communication by telephone, fax or email in order to meet the criteria of direct and effective communication, such as an electronic contact form through which consumers can contact traders via the internet and receive a written reply or be called back quickly. In particular, it does not preclude a trader who offers goods or services online and has a telephone number available after a few clicks from encouraging the consumer to use other means of communication not listed in that provision, such as an internet chat or a call-back system, so that the consumer can contact him quickly and communicate with him efficiently, provided that the information provided by the trader in accordance with Article 6(1)(b) of Directive 89/391/EEC is not incomplete. 1 lit. c of Directive 2011/83, in particular the aforementioned telephone number, is made available in a clear and comprehensible manner. It is for the referring court to verify this. In that regard, the fact that the telephone number is available only after a number of clicks does not, in itself, imply that the method used is not clear and comprehensible in a situation such as that at issue in the main proceedings, which concerns a trader who sells various goods exclusively online via a website.
53 In the light of the foregoing, the questions referred must be answered as follows:
– Art. 6 para. 1 lit. c of Directive 2011/83 must be interpreted, first, as precluding national legislation, such as that at issue in the main proceedings, under which a trader is required, before concluding a distance or off-premises contract with a consumer within the meaning of Article 2(7) and (8) of that directive, always to provide his telephone number. 7 and 8 of that directive. On the other hand, this provision does not imply any obligation on the trader to set up a telephone or fax line or an e-mail account so that consumers can contact him. It only obliges the trader to provide the telephone or fax number or his e-mail address if he already has these means of communication with consumers.
– Art. 6 para. 1 lit. c of Directive 2011/83 must be interpreted as meaning that, although that provision requires the trader to provide the consumer with a means of communication capable of meeting the criteria of direct and effective communication, that provision does not preclude the trader from providing means of communication other than those referred to therein in order to meet those criteria.
Costs
54 Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. The costs incurred by other parties in submitting observations to the Court are not recoverable.
For these reasons, the Court (First Chamber) ruled in its favor:
Art. 6 para. 1 lit. c 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 must, first, be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which a trader is required, before concluding a distance or off-premises contract with a consumer within the meaning of Article 2(7) and (8) of that directive, always to indicate his telephone number. 7 and 8 of that directive. On the other hand, this provision does not imply any obligation on the trader to set up a telephone or fax line or an e-mail account so that consumers can contact him. It only obliges the trader to provide the telephone or fax number or his e-mail address if he already has these means of communication with consumers.
Art. 6 para. 1 lit. c of Directive 2011/83 must be interpreted as meaning that, although that provision requires the trader to provide the consumer with a means of communication capable of meeting the criteria of direct and effective communication, that provision does not preclude the trader from providing means of communication other than those referred to therein in order to meet those criteria.
| Bonichot | Lenaerts | Toader |
| Bay Larsen | Safjan |
Announced in public session in Luxembourg on July 10, 2019.
| The Chancellor | The President of the First Chamber |
| A. Calot Escobar | J.-C. Bonichot |