Language of document :

Request for a preliminary ruling from the Amtsgericht Nürnberg (Germany) lodged on 29 September 2020 – RightNow GmbH v Wizz Air

(Case C-469/20)

Language of the case: German

Referring court

Amtsgericht Nürnberg

Parties to the main proceedings

Applicant: RightNow GmbH

Defendant: Wizz Air

Question referred

Is Article 3(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts 1 to be interpreted as meaning that a term in the general terms and conditions of a commercial air carrier which has not been individually negotiated, under which a contract of carriage concluded with a consumer in the course of electronic commerce is to be governed by the law of the Member State in which the air carrier is resident, which is not identical to the law of the place in which the passenger is habitually resident, is unfair in so far as it leads the consumer into error by failing to draw his attention to the fact that the choice as to the law applicable in accordance with the second subparagraph of Article 5(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) 2 does not apply to any law and is limited to the law of the countries named in the second subparagraph of Article 5(2) of the Rome I Regulation?

The case was removed from the Register of the Court of Justice by order of the Court of 12 November 2020.

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1 OJ 1993 L 95, p. 29.

2 OJ 2008 L 177, p. 6.