ORDER OF THE COURT (Sixth Chamber)
26 October 2012 (*)
(Rectification of a judgment)
In Case C‑428/11 REC,
REFERENCE for a preliminary ruling under Article 267 TFEU from the Court of Appeal (England and Wales) (Civil Division) (United Kingdom), made by decision of 2 August 2011, received at the Court on 16 August 2011, in the proceedings
Purely Creative Ltd,
Strike Lucky Games Ltd,
Winners Club Ltd,
McIntyre & Dodd Marketing Ltd,
Dodd Marketing Ltd,
Adrian Williams,
Wendy Ruck,
Catherine Cummings,
Peter Henry
v
Office of Fair Trading,
THE COURT (Sixth Chamber),
composed of A. Rosas (Rapporteur), acting as President of the Sixth Chamber, U. Lõhmus and A. Ó Caoimh, Judges,
Advocate General: P. Mengozzi,
Registrar: A. Calot Escobar,
Order
1 On 18 October 2012, the Court (Sixth Chamber) delivered the judgment in Case C-428/11 Purely Creative and Others (not yet published in the European Court Reports).
2 Paragraphs 32 and 33 of the grounds of that judgment contain, in the English version, an error which it is appropriate for the Court to rectify of its own motion pursuant to Article 66(1) of its Rules of Procedure.
On those grounds, the Court (Sixth Chamber) orders that the judgment of 18 October 2012 in Case C-428/11 Purely Creative and Others be rectified as follows:
1. Paragraphs 32 and 33 of the grounds of that judgment are to be read as follows:
‘32 The traders give prominence to the phrase “on doing a particular act”, inferring from it that there is no unfair practice where the consumer may choose between a number of options, one of which involves either de minimis or no costs, when acting to claim the prize.
33 It must however be noted that the phrase “on doing a particular act” appears in the first part of paragraph 31 of Annex I to the Unfair Commercial Practices Directive and refers to the situation in which the impression is given that a prize will be won where certain action is taken, for example the purchase of products proposed in a catalogue. That phrase is not, therefore, relevant for the purposes of the interpretation of the second indent of paragraph 31, which refers to action in relation to claiming a prize presented to the consumer on the basis that it has already been won.’
2. The original of this order shall be annexed to the original of the rectified judgment. A note of this order shall be made in the margin of the original of that judgment.
[Signatures]