Judgment of the Court (Third Chamber) of 28 September 2023 (request for a preliminary ruling from the Bundesgerichtshof – Germany) – LACD GmbH v BB Sport GmbH & Co. KG

(Case C-133/22, ¹ LACD)

(Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Point 14 of Article 2 – Directive (EU) 2019/771 – Point 12 of Article 2 – Commercial guarantee – Specifications or any other requirements not related to the conformity of the goods sold, set out in the guarantee statement or in the relevant advertising – Undertaking by a guarantor in respect of the consumer’s satisfaction with the goods purchased – Verification that the consumer is not satisfied)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant: LACD GmbH

Respondent: BB Sport GmbH & Co. KG

Operative part of the judgment

Point 14 of Article 2 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 be interpreted as meaning that the concept of ‘commercial guarantee’ includes, as ‘any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract’, an undertaking made by a guarantor to the consumer concerned in respect of circumstances specific to the consumer, such as his or her personal satisfaction with the goods purchased, without it being necessary to verify objectively whether those circumstances exist in order to give effect to that commercial guarantee.

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¹ OJ C 222, 7.6.2022.