Is the requirement to provide information and to make that information available to the consumer in plain and intelligible language, as laid down in Article 8(1) of Directive 2011/83, to be construed and applied in such a way that the obligation to inform the consumer is considered to be fulfilled properly where such information is provided in the intermediary’s rules on the provision of services made available to the consumer on the website tiketa.lt before the consumer makes the payment confirming that he or she has become acquainted with the intermediary’s rules on the provision of services and undertaking to respect them as part of the terms and conditions of the transaction to be concluded by means of a so-called “click-wrap” agreement, that is to say, by actively ticking a specific box in the online system and clicking on a specific link?

Such information can be provided in general terms and conditions but must be confirmed on a durable medium after contract conclusion.

Intermediaries are 'traders' under Directive 2011/83/EU; must confirm on durable medium.

European Court of Justice (Fourth Chamber) · 24 februari 2022 · Judgment · Preliminary ruling

(Reference for a preliminary ruling – Directive 2011/83/EU – Consumer contracts – Concept of ‘trader’ – Obligation to provide information in respect of distance contracts – Requirement that the necessary information be provided in plain and intelligible language and on a durable medium)

Rechtsvraag

The central legal question is whether an intermediary, like Tiketa, can be classified as a 'trader' under Directive 2011/83/EU, and whether the information obligations under this directive are fulfilled when such information is provided in general terms and conditions on a website.

Regel

art. 2, Directive 2011/83/EU (Definition of 'trader')
art. 6(1), Directive 2011/83/EU (Obligation to provide information in a clear and comprehensible manner)
art. 8(1), Directive 2011/83/EU (Requirement for information to be provided in plain and intelligible language)
art. 8(7), Directive 2011/83/EU (Confirmation of the contract on a durable medium)

Conclusie

The court concluded that both the intermediary and the principal can be classified as 'traders' under Directive 2011/83/EU. The obligations to provide information can be fulfilled through website terms and conditions if done clearly, but the confirmation of the contract must be provided on a durable medium. This ensures consumer protection and aligns with the directive's objectives.

Tijdlijn

07-12-2017 M. Š. acquired a ticket from Tiketa for a cultural event scheduled for 20 January 2018.
20-01-2018 M. Š. traveled to the event and learned from a notice at the venue entrance that it would not take place.
22-01-2018 Baltic Music informed Tiketa that the event was canceled and that ticket purchasers could obtain refunds.
22-01-2018 Tiketa informed M. Š. about the possibility of obtaining a refund for the canceled event.
23-01-2018 M. Š. asked Tiketa to reimburse his ticket and travel costs, and compensate for non-pecuniary damage.
18-07-2018 M. Š. filed a lawsuit against Tiketa and Baltic Music for compensation for pecuniary and non-pecuniary damages.
08-10-2018 The District Court of Vilnius partly upheld M. Š.'s action, ordering Tiketa to pay compensation.
21-10-2020 The Supreme Court of Lithuania referred questions to the ECJ for a preliminary ruling.
22-10-2020 The ECJ received the request for a preliminary ruling from the Supreme Court of Lithuania.
24-02-2022 The ECJ delivered its judgment regarding the interpretation of Directive 2011/83/EU in the context of the case.