30.5.2022

EN

Official Journal of the European Union

C 213/16

Judgment of the Court (Eighth Chamber) of 7 April 2022 (request for a preliminary ruling from the Amtsgericht Bottrop — Germany) — Fuhrmann-2-GmbH v B.

(Case C-249/21) ( 1 )

(Reference for a preliminary ruling - Consumer protection - Directive 2011/83/EU - Article 8(2) - Distance contracts concluded by electronic means - Information requirements for the trader - Activation of a button or a similar function in order to place the order with an obligation to pay - Unambiguous formulation corresponding to the words ‘order with obligation to pay’ - Taking account only of the words on the button or similar function for the purposes of assessing the ‘corresponding’ nature of such a formulation)

(2022/C 213/20)

Language of the case: German

Referring court

Amtsgericht Bottrop

Parties to the main proceedings

Applicant: Fuhrmann-2-GmbH

Defendant: B.

Operative part of the judgment

The second subparagraph of Article 8(2) of 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 must be interpreted as meaning that, for the purpose of determining — in the context of an ordering process relating to the conclusion of a distance contract by electronic means — whether a form of words displayed on the ordering button or on a similar function, such as the formulation ‘complete booking’, is a formulation ‘corresponding’ to the words ‘order with obligation to pay’, within the meaning of that provision, only the words that appear on that button or that similar function should be taken into account.

( 1 ) OJ C 297, 26.7.2021 .