(Case C-543/21 Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 31August 2021– Verband Sozialer Wettbewerb e.V. v famila-Handelsmarkt Kiel GmbH & Co. KG

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 31August 2021– Verband Sozialer Wettbewerb e.V. v famila-Handelsmarkt Kiel GmbH & Co. KG

(Case C-543/21)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant on a point of law: Verband Sozialer Wettbewerb e.V.

Respondent in the appeal on a point of law: famila-Handelsmarkt Kiel GmbH & Co. KG

Questions referred

Is the concept of ‘selling price’ within the meaning of Article2(a) of Directive 98/6/EC¹ to be interpreted as meaning that it must include the deposit payable by the consumer when purchasing goods in bottles or jars which are returnable against a deposit?

If Question 1 is answered in the affirmative:

Are the Member States authorised under Article10 of Directive 98/6/EC to maintain a provision which deviates from Article3(1) and (4) of Directive 98/6/EC, read in conjunction with Article2(a) thereof, such as that in Paragraph1(4) of the Preisangabenverordnung (Regulation on the indication of prices), in accordance with which, where a refundable security deposit is required in addition to the consideration for a product, the amount of that security deposit must be indicated in addition to the price for the product, and a total amount must not be formed, or does the approach of full harmonisation pursued by Directive 2005/29/EC¹ preclude that?

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¹ Directive 98/6/EC of the European Parliament and of the Council of 16February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ 1998 L80, p.27).¹ 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) (OJ 2005 L 149, p. 22).