Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 7 February 2024 – Verbraucherzentrale Hamburg e. V. v bonprix Handelsgesellschaft mbH

(Case C-100/24, bonprix)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant and appellant on a point of law: Verbraucherzentrale Hamburg e. V.

Defendant and respondent on a point of law: bonprix Handelsgesellschaft mbH

Question referred

Does advertising with a payment arrangement (in the present case, ‘convenient purchase on invoice’), which, while having only a low monetary value, contributes to the safety and legal interests of the consumer (in the present case, no disclosure of sensitive payment data; in the case of rescission of the contract, no reclamation of an advance payment), constitute a promotional offer within the meaning of Article 6(c) of Directive 2000/31/EC ¹ on electronic commerce?

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¹ Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ 2000 L 178, p. 1).