Request for a preliminary ruling from the Oberlandesgerichts Wien (Austria) lodged on 28 June 2022 – VK v N1 Interactive Ltd.

(Case C-429/22)

Language of the case: German

Referring court

Oberlandesgericht Wien

Parties to the main proceedings

Applicant: VK

Defendant: N1 Interactive Ltd.

Question referred

Is Article 6(1) of Regulation (EC) No 593/2008 ¹ on the law applicable to contractual obligations (Rome I) (‘the Rome I Regulation’) to be interpreted as meaning that the law of the country in which the consumer has his or her habitual residence is not applicable if the law applicable under Article 4 of the Rome I Regulation, the application of which the applicant seeks and which would be applicable if the applicant lacked consumer status, is more favourable to the applicant?

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¹ 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) (OJ 2008 L 177, p. 6).