Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 28 February 2022 – LACD GmbH v BB Sport GmbH & Co. KG

(Case C-133/22)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: LACD GmbH

Defendant: BB Sport GmbH & Co. KG

Questions referred

Can any other requirements not related to conformity set out in the guarantee statement within the meaning of Article 2, point 14, of Directive 2011/83/EU ¹ and any other requirements not related to conformity within the meaning of Article 2, point 12, of Directive (EU) 2019/771 ² apply where circumstances specific to the consumer, in particular his or her subjective attitude towards the item purchased (in this case, the consumer’s personal satisfaction with the item purchased), have a bearing on the guarantor’s obligation, without it being necessary that those personal circumstances relate to the condition or features of the item purchased?

If Question 1 is answered in the affirmative:

Must it be possible to establish the absence of requirements based on the circumstances specific to the consumer (in this case, the consumer’s satisfaction with the goods purchased) in the light of objective circumstances?

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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).

¹     Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ 2019 L 136, p. 28), as corrected (OJ 2019 L 305, p. 66).