Request for a preliminary ruling from the Amtsgericht Bottrop (Germany) lodged on 21 April 2021 – Fuhrmann-2-GmbH v B.

(Case C-249/21)

Language of the case: German

Referring court

Amtsgericht Bottrop

Parties to the main proceedings

Applicant: Fuhrmann-2-GmbH

Defendant: B.

Question referred

Is the second subparagraph of Article 8(2) of Directive 2011/83/EU ¹ to be interpreted as meaning that the question whether a button or a similar function – the activation of which forms part of the ordering process of a distance contract to be concluded by electronic means within the meaning of the first subparagraph of that provision and which is not labelled with the words ‘order with obligation to pay’ – is labelled with a corresponding unambiguous formulation within the meaning of that provision, indicating that placing the order entails an obligation to pay the trader, is to be answered solely by reference to the labelling of the button or of the similar function?

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¹ 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).