Jurisdiction(s):
European Union

EU Court rules payment arrangements can be 'promotional offers' under E-Commerce Directive Article 6(c), expanding information duties; UK e-commerce and BNPL providers should review compliance.

Published on: 09 June 2025

Published by a LexisNexis EU Law expert

Legal News

Article summary

Verbraucherzentrale Hamburg E.V. v Bonprix Handelsgesellschaft Mbh, Case C-100/24, ECLI:EU:C:2025:352

What are the practical implications of this case?

While the need for transparent consumer promotion terms is well established, this decision offers a noteworthy take on what counts as a ‘promotional offer’ under the EU E‑Commerce Directive. The court’s approach appears to draw within the scope of the ‘information provision’ rules those statements about payment and purchasing methods that might not ordinarily be viewed as ‘promotional offers’—as opposed to clearer promotions like discounts—despite the Directive referencing ‘promotional offers, such as discounts, premiums and gifts’.

In the UK, the Electronic Commerce (EC Directive) Regulations 2002, SI 2002/2013 remain in force, with post‑Brexit amendments, and set out comparable obligations regarding ‘promotional offers’ and required disclosures. Given the surge of ‘buy now pay later’ and related arrangements in the UK, it is still uncertain whether UK authorities will closely examine if the necessary information is being presented properly and at the appropriate point in the customer journey.

What was the background?

Article 6(c) of the EU E‑Commerce Directive concerning ‘Information to be’...

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