{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-234-25","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-234-25)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-23","fingerprint":"ewai:eu:b67bfc","proof":"sha256:9ae627ebd2965c2b2208251af3f22b55bf23048cbbc6d0e1e261fff20079526d","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-234-25","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"Provisional text","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (First Chamber)","paragraphs":[]},{"title":"9 July 2026 ( * )","paragraphs":["para_4","para_5","para_6"]},{"title":"Sky Österreich Fernsehen GmbH","paragraphs":["para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22"]},{"title":"Judgment","paragraphs":["para_24","para_25"]},{"title":"Legal context","paragraphs":[]},{"title":"European Union law","paragraphs":["para_28","para_29","para_30","para_31","para_32"]},{"title":"4         Article 1 of Directive 2011/83, entitled ‘Subject matter’, provides:","paragraphs":["para_34"]},{"title":"5         Article 2 of that directive, entitled ‘Definitions’, provides:","paragraphs":["para_36","para_37","para_38","para_39","para_40","para_41","para_42","para_43","para_44","para_45","para_46","para_47","para_48","para_49","para_50","para_51","para_52","para_53","para_54","para_55","para_56"]},{"title":"9         Article 2 of Directive 2019/770, entitled ‘Definitions’, provides:","paragraphs":["para_58"]},{"title":"(1) “digital content” means data which are produced and supplied in digital form;","paragraphs":[]},{"title":"(2) “digital service” means:","paragraphs":["para_61","para_62","para_63","para_64"]},{"title":"10       Recital 30 of Directive 2019/2161 states:","paragraphs":["para_66"]},{"title":"Austrian law","paragraphs":["para_68","para_69","para_70","para_71","para_72","para_73","para_74","para_75"]},{"title":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraphs":["para_77","para_78","para_79","para_80","para_81","para_82","para_83","para_84"]},{"title":"The request to have the oral part of the procedure reopened","paragraphs":["para_86","para_87","para_88","para_89","para_90","para_91"]},{"title":"Consideration of the question referred","paragraphs":["para_93","para_94","para_95","para_96","para_97","para_98","para_99","para_100","para_101","para_102","para_103","para_104","para_105","para_106","para_107","para_108","para_109","para_110","para_111","para_112","para_113","para_114","para_115","para_116","para_117","para_118","para_119","para_120","para_121","para_122"]},{"title":"Costs","paragraphs":["para_124"]},{"title":"On those grounds, the Court (First Chamber) hereby rules:","paragraphs":["para_126","para_127","para_128","para_129"]}],"paragraphs":[{"text":"Provisional text","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (First Chamber)","paragraph_id":"para_2"},{"text":"9 July 2026 ( * )","paragraph_id":"para_3"},{"text":"( Reference for a preliminary ruling – Consumer protection – Consumer rights – Directive 2011/83/EC – Exceptions from the right of withdrawal – Contracts for the supply of digital content which is not supplied on a tangible medium – Article 16(m) – Subscription to a streaming service – Supply of digital services – Offer of a dynamic nature going beyond the mere stable and, as the case may be, continuous provision of specific content )","paragraph_id":"para_4"},{"text":"In Case C‑234/25,","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Oberster Gerichtshof (Supreme Court, Austria), made by decision of 19 March 2025, received at the Court on 27 March 2025, in the proceedings","paragraph_id":"para_6"},{"text":"Sky Österreich Fernsehen GmbH","paragraph_id":"para_7"},{"text":"v","paragraph_id":"para_8"},{"text":"Verein für Konsumenteninformation,","paragraph_id":"para_9"},{"text":"THE COURT (First Chamber),","paragraph_id":"para_10"},{"text":"composed of F. Biltgen, President of the Chamber, I. Ziemele, A. Kumin, S. Gervasoni and M. Bošnjak (Rapporteur), Judges,","paragraph_id":"para_11"},{"text":"Advocate General: M. Szpunar,","paragraph_id":"para_12"},{"text":"Registrar: A. Calot Escobar,","paragraph_id":"para_13"},{"text":"having regard to the written procedure,","paragraph_id":"para_14"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_15"},{"text":"–        Sky Österreich Fernsehen GmbH, par G. Staber, Rechtsanwältin,","paragraph_id":"para_16"},{"text":"–        Verein für Konsumenteninformation, by A.M. Kosesnik-Wehrle, H. Kosesnik‑Wehrle and S. Langer, Rechtsanwälte,","paragraph_id":"para_17"},{"text":"–        the Italian Government, by S. Fiorentino, acting as Agent, and by I. Fresu, procuratore dello Stato, and D.G. Pintus, avvocato dello Stato,","paragraph_id":"para_18"},{"text":"–        the Polish Government, by B. Majczyna, acting as Agent,","paragraph_id":"para_19"},{"text":"–        the European Commission, by P. Kienapfel and I. Rubene, acting as Agents,","paragraph_id":"para_20"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 26 February 2026,","paragraph_id":"para_21"},{"text":"gives the following","paragraph_id":"para_22"},{"text":"Judgment","paragraph_id":"para_23"},{"text":"1         This request for a preliminary ruling concerns the interpretation of Article 2(11) and point (m) of the first subparagraph of Article 16 (‘Article 16(m)’) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive …","paragraph_id":"para_24"},{"text":"2         The request has been made in proceedings between Sky Österreich Fernsehen GmbH (‘Sky Österreich’) and the Verein für Konsumenteninformation (‘VKI’) concerning the existence of a right of withdrawal for consumers who have subscribed to the streaming service offered by Sky Österreich.","paragraph_id":"para_25"},{"text":"Legal context","paragraph_id":"para_26"},{"text":"European Union law","paragraph_id":"para_27"},{"text":"–        Directive 2011/83","paragraph_id":"para_28"},{"text":"3         Recitals 4 and 19 of Directive 2011/83, as amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 (OJ 2019 L 328, p. 7) (‘Directive 2011/83’), state:","paragraph_id":"para_29"},{"text":"‘(4)       … The harmonisation of certain aspects of consumer distance and off-premises contracts is necessary for the promotion of a real consumer internal market striking the right balance between a high level of consumer protection and the competitiveness of enterprises, while ensuring respect for the principle of subsidiarity.","paragraph_id":"para_30"},{"text":"…","paragraph_id":"para_31"},{"text":"(19)      Digital content means data which are produced and supplied in digital form, such as computer programs, applications, games, music, videos or texts, irrespective of whether they are accessed through downloading or streaming, from a tangible medium or through any other means. Contracts for t …","paragraph_id":"para_32"},{"text":"4         Article 1 of Directive 2011/83, entitled ‘Subject matter’, provides:","paragraph_id":"para_33"},{"text":"‘The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by approximating certain aspects of the laws, regulations and administrative provisions of the Member States concerning contracts concluded between consumers and traders.’","paragraph_id":"para_34"},{"text":"5         Article 2 of that directive, entitled ‘Definitions’, provides:","paragraph_id":"para_35"},{"text":"‘For the purpose of this Directive, the following definitions shall apply:","paragraph_id":"para_36"},{"text":"…","paragraph_id":"para_37"},{"text":"(7)      “distance contract” means any contract concluded between the trader and the consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;","paragraph_id":"para_38"},{"text":"…","paragraph_id":"para_39"},{"text":"(11)      “digital content” means digital content as defined in point (1) of Article 2 of Directive (EU) 2019/770 of the European Parliament and of the Council [of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ 2019 L 136, p. 1)];","paragraph_id":"para_40"},{"text":"…","paragraph_id":"para_41"},{"text":"(16)      “digital service” means a digital service as defined in point (2) of Article 2 of Directive [2019/770];","paragraph_id":"para_42"},{"text":"…’","paragraph_id":"para_43"},{"text":"6         Article 9 of that directive, entitled ‘Right of withdrawal’, provides, in paragraph 1 thereof:","paragraph_id":"para_44"},{"text":"‘Save where the exceptions provided for in Article 16 apply, the consumer shall have a period of 14 days to withdraw from a distance or off-premises contract, without giving any reason, and without incurring any costs other than those provided for in Article 13(2) and Article 14.’","paragraph_id":"para_45"},{"text":"7         Article 14 of that directive entitled ‘Obligations of the consumer in the event of withdrawal’, provides, in paragraph 3 thereof:","paragraph_id":"para_46"},{"text":"‘Where a consumer exercises the right of withdrawal after having made a request in accordance with Article 7(3) or Article 8(8), the consumer shall pay to the trader an amount which is in proportion to what has been provided until the time the consumer has informed the trader of the exercise of the …","paragraph_id":"para_47"},{"text":"8         Article 16 of Directive 2011/83, entitled ‘Exceptions from the right of withdrawal’, provides, in point (m) of the first subparagraph thereof:","paragraph_id":"para_48"},{"text":"‘Member States shall not provide for the right of withdrawal set out in Articles 9 to 15 in respect of distance and off-premises contracts as regards the following:","paragraph_id":"para_49"},{"text":"…","paragraph_id":"para_50"},{"text":"(m)      contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun and, if the contract places the consumer under an obligation to pay, where:","paragraph_id":"para_51"},{"text":"(i)      the consumer has provided prior express consent to begin the performance during the right of withdrawal period;","paragraph_id":"para_52"},{"text":"(ii)      the consumer has provided acknowledgement that he thereby loses his right of withdrawal; and","paragraph_id":"para_53"},{"text":"(iii)      the trader has provided confirmation in accordance with Article 7(2) or Article 8(7).","paragraph_id":"para_54"},{"text":"…’","paragraph_id":"para_55"},{"text":"–        Directive 2019/770","paragraph_id":"para_56"},{"text":"9         Article 2 of Directive 2019/770, entitled ‘Definitions’, provides:","paragraph_id":"para_57"},{"text":"‘For the purpose of this Directive, the following definitions shall apply:","paragraph_id":"para_58"},{"text":"(1) “digital content” means data which are produced and supplied in digital form;","paragraph_id":"para_59"},{"text":"(2) “digital service” means:","paragraph_id":"para_60"},{"text":"(a)      a service that allows the consumer to create, process, store or access data in digital form; or","paragraph_id":"para_61"},{"text":"(b)      a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service;","paragraph_id":"para_62"},{"text":"…’","paragraph_id":"para_63"},{"text":"–        Directive 2019/2161","paragraph_id":"para_64"},{"text":"10       Recital 30 of Directive 2019/2161 states:","paragraph_id":"para_65"},{"text":"‘The definitions of digital content and digital services in Directive [2011/83] should be aligned to those in Directive [2019/770]. Digital content covered by Directive [2019/770] covers a single act of supply, a series of individual acts of supply, or continuous supply over a period of time. The el …","paragraph_id":"para_66"},{"text":"Austrian law","paragraph_id":"para_67"},{"text":"11       Paragraph 18 of the Bundesgesetz über Fernabsatz- und außerhalb von Geschäftsräumen geschlossene Verträge (Fern- und Auswärtsgeschäfte-Gesetz – FAGG) (Federal law on distance selling contracts and contracts concluded off-premises (Law on distance and off-premises contracts – FAGG)) of 29 April 2014 (BGBl. I, 33/2014), in the version applicable to the case in the main proceedings (BGBl. I, 109/2022), entitled ‘Exceptions to the right of withdrawal’, provides:","paragraph_id":"para_68"},{"text":"‘(1)      The consumer has no right of withdrawal in respect of, inter alia, distance or off-premises contracts relating to:","paragraph_id":"para_69"},{"text":"…","paragraph_id":"para_70"},{"text":"11.      the supply of digital content not intended to be supplied on a tangible medium if the trader has begun performance of the contract, it being understood that, in cases where the consumer is required to make a payment under the contract, the right of withdrawal ceases only if, in addition,","paragraph_id":"para_71"},{"text":"(a)      the consumer has provided prior express consent to begin performance of the contract before the expiry of the withdrawal period,","paragraph_id":"para_72"},{"text":"(b)      the consumer has confirmed that he or she understands that he or she will lose his or her right of withdrawal as a result of performance of the contract having begun early; and","paragraph_id":"para_73"},{"text":"(c)      the trader has provided the consumer with a copy or confirmation in accordance with Paragraph 5(2) or Paragraph 7(3).","paragraph_id":"para_74"},{"text":"…’","paragraph_id":"para_75"},{"text":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_76"},{"text":"12       Sky Österreich is an Austrian television company which offers, inter alia, a streaming service in Austria. The digital content provided for viewing via that service is located on a server to which customers are granted access from their device via a link or an application. They can then vie …","paragraph_id":"para_77"},{"text":"13       Two subscription packages for streaming are available, namely the ‘Sport & Live TV’ package and the ‘Fiction & Live TV’ package. A subscription can be taken out online only if the customer accepts a contractual term by which that customer confirms that he or she has understood the informati …","paragraph_id":"para_78"},{"text":"14       VKI, a consumer protection association, is of the view that the information thus provided to consumers on the right of withdrawal is insufficient. It claims that a streaming subscription constitutes a ‘digital service’ in respect of which the right of withdrawal is extinguished only once th …","paragraph_id":"para_79"},{"text":"15       VKI’s action seeking an order requiring Sky Österreich to refrain from using the contractual term referred to in paragraph 13 above in its business dealings with consumers was dismissed at first instance. However, VKI’s appeal was upheld and the judgment at first instance was varied, as the …","paragraph_id":"para_80"},{"text":"16       Hearing an appeal on a point of law brought by Sky Österreich, the Oberster Gerichtshof (Supreme Court, Austria), which is the referring court, is uncertain as to the criteria to be applied in order to determine whether a streaming service such as that offered by Sky Österreich constitutes the supply of digital content or of digital services.","paragraph_id":"para_81"},{"text":"17       According to the referring court, the services provided by Sky Österreich are data produced and provided in digital form and therefore fall under the definition of ‘digital content’. That court observes that streaming designates only the data transmission process whereby the data can be vie …","paragraph_id":"para_82"},{"text":"18       In those circumstances, the Oberster Gerichtshof (Supreme Court) decided to stay the proceedings and to refer the following question to the Court of Justice for a preliminary ruling:","paragraph_id":"para_83"},{"text":"‘Must Article 16(m) of Directive [2011/83], read in conjunction with Article 2(11) thereof, be interpreted as meaning that the offering of streaming services, where the digital content made available for viewing is located on a server which may be accessed by customers from their terminal via a link …","paragraph_id":"para_84"},{"text":"The request to have the oral part of the procedure reopened","paragraph_id":"para_85"},{"text":"19       By document lodged at the Court Registry on 10 March 2026, Sky Österreich requested that the oral part of the procedure be reopened, pursuant to Article 83 of the Rules of Procedure of the Court. In support of its application, Sky Österreich essentially states that it did not agree with certain factual and legal assessments in the Opinion of the Advocate General.","paragraph_id":"para_86"},{"text":"20       Under Article 83 of the Rules of Procedure, the Court may, at any time, after hearing the Advocate General, order the reopening of the oral part of the procedure, in particular if it considers that it lacks sufficient information.","paragraph_id":"para_87"},{"text":"21       In that regard, it should, first, be noted that the Statute of the Court of Justice of the European Union and the Rules of Procedure make no provision for the interested parties referred to in Article 23 of the Statute to submit observations in response to the Advocate General’s Opinion (judgment of 26 February 2026, VIRUS and Others , C‑131/24, EU:C:2026:109, paragraph 34 and the case-law cited).","paragraph_id":"para_88"},{"text":"22       In accordance with the second paragraph of Article 252 TFEU, the Advocate General is to make, in open court, acting with complete impartiality and independence, reasoned submissions on cases which, in accordance with the Statute of the Court of Justice of the European Union, require the Adv …","paragraph_id":"para_89"},{"text":"23       Second, in the light of all the information available to it, the Court considers that it has sufficient information to rule on the present request for a preliminary ruling.","paragraph_id":"para_90"},{"text":"24       In those circumstances, the Court considers, after hearing the Advocate General, that there is no need to order the reopening of the oral part of the procedure.","paragraph_id":"para_91"},{"text":"Consideration of the question referred","paragraph_id":"para_92"},{"text":"25       As a preliminary point, it must be noted that although, in its question, the referring court refers to the provisions of Directive 2011/83 in the version in force before the amendments made to it by Directive 2019/2161, the grounds of the request for a preliminary ruling nevertheless take i …","paragraph_id":"para_93"},{"text":"26       In the light of that clarification, it should be considered that, by its question, the referring court asks, in essence, whether Article 16(m) of Directive 2011/83, read in conjunction with Article 2(11) of that directive, must be interpreted as meaning that the supply of a streaming servic …","paragraph_id":"para_94"},{"text":"27       In that regard, Articles 9 to 15 of Directive 2011/83 grant the consumer a right of withdrawal following the conclusion, inter alia, of a distance contract within the meaning of Article 2(7) of that directive and set out the conditions and arrangements for exercising that right (judgment of 31 March 2022, CTS Eventim , C‑96/21, EU:C:2022:238, paragraph 25).","paragraph_id":"para_95"},{"text":"28       Article 16 of that directive nevertheless sets out exceptions from that right of withdrawal, such as in the situation, referred to in point (m) of that article, of a contract for the supply of digital content which is not supplied on a tangible medium, provided however that the performance …","paragraph_id":"para_96"},{"text":"29       In order to determine whether a streaming service such as the one at issue in the main proceedings concerns the supply of ‘digital content’ within the meaning of Article 16(m) of Directive 2011/83, it must be borne in mind that, according to settled case-law, it follows from the need for a …","paragraph_id":"para_97"},{"text":"30       In view of the fact that Directive 2011/83 does not include any express reference to the law of the Member States for the purpose of determining the meaning and scope of the concept of supply of ‘digital content’ within the meaning of Article 16(m) of that directive, read in conjunction wit …","paragraph_id":"para_98"},{"text":"31       As regards, in the first place, the literal interpretation of the concept of ‘digital content’, that concept is defined in Article 2(11) of Directive 2011/83 as meaning digital content as defined in Article 2(1) of Directive 2019/770. That latter provision refers to ‘data which are produced and supplied in digital form’.","paragraph_id":"para_99"},{"text":"32       In that regard, it appears that a streaming service such as the one at issue in the main proceedings indeed allows consumers to access digital data which are supplied to them by a trader in connection with their subscription. However, that fact alone is insufficient to find that such an offer necessarily concerns the supply of ‘digital content’ within the meaning of Article 16(m) of Directive 2011/83, read in conjunction with Article 2(11) thereof.","paragraph_id":"para_100"},{"text":"33       As concerns contracts concluded between consumers and traders in the context of the single digital market, Directive 2011/83 distinguishes between the concept of ‘digital content’ and that of ‘digital service’ which, as it follows from Article 2(16) of Directive 2011/83, read in conjunction …","paragraph_id":"para_101"},{"text":"34       As it allows a consumer to access digital data and, as the case may be, store them, at least for a certain period of time, a streaming service such as the one at issue in the main proceedings is also liable to constitute such a ‘digital service’. The answer to the question referred therefor …","paragraph_id":"para_102"},{"text":"35       As regards, in the second place, the contextual interpretation of the concept of ‘digital content’, it follows from recital 30 of Directive 2019/2161 that digital content relates to a single act of supply, consisting in supplying a consumer with a specific piece or pieces of such content, a …","paragraph_id":"para_103"},{"text":"36       Recital 19 of Directive 2011/83/EU provides a number of additional examples in that regard by listing ‘computer programmes, applications, games, music, videos or texts, irrespective of whether they are accessed through downloading or streaming, from a tangible medium or through any other me …","paragraph_id":"para_104"},{"text":"37       As regards, by contrast, ‘digital services’, recital 30 of Directive 2019/2161 states that services such as ‘video and audio sharing services and other file hosting, word processing or games offered in the cloud, cloud storage, webmail, social media and cloud applications’ are characterised …","paragraph_id":"para_105"},{"text":"38       In the light of all the foregoing considerations, it must be found that neither the technical method of transfer and of access to digital data nor the continuous nature of their supply are features which, by themselves, allow ‘digital content’ to be distinguished from a ‘digital service’.","paragraph_id":"para_106"},{"text":"39       Nevertheless, as observed, in essence, by the Advocate General in points 36 to 38 of his Opinion, it may be concluded from those considerations that a distinction must be drawn on the basis of the degree of involvement of the trader concerned during the supply of the digital data in questio …","paragraph_id":"para_107"},{"text":"40       That interpretation of those concepts fully takes into consideration the fact that Article 16(m) of Directive 2011/83 lays down an exception from the right of withdrawal and must, since it derogates from rules of EU law intended to protect consumers, be interpreted strictly (see, to that ef …","paragraph_id":"para_108"},{"text":"41       In the present case, it is apparent from the order for reference that, in the context of the streaming service at issue in the main proceedings, the provision of the appropriate infrastructure by the trader concerned is generally accompanied by an update of the offering and personal recomme …","paragraph_id":"para_109"},{"text":"42       In the third place, the interpretation adopted in paragraph 39 above is supported by an analysis of the objectives pursued by Directive 2011/83. As stated in recital 4 thereof, that directive is intended to strike the right balance between a high level of consumer protection, as referred to …","paragraph_id":"para_110"},{"text":"43       The right of withdrawal provided for by Directive 2011/83 is intended to protect the consumer in the particular situation of a distance contract, in which that consumer does not have the possibility to fully and concretely ascertain the nature of the service concerned before concluding the …","paragraph_id":"para_111"},{"text":"44       In the present case, it is apparent from the order for reference that the streaming service at issue in the main proceedings features a wide variety of content, offered in the form of different subscriptions tailored to specific consumer profiles, and a dedicated infrastructure to access th …","paragraph_id":"para_112"},{"text":"45       Subject to verification by the referring court of the information referred to in paragraphs 39, 41 and 44 above, from which it can be concluded that Sky Österreich’s offering is of a dynamic nature and goes beyond the mere stable and continuous provision of specific content, it thus appears …","paragraph_id":"para_113"},{"text":"46       As regards, in the fourth place, the risk of abuse, invoked by Sky Österreich in its written observations, which would result from recognising a right of withdrawal on the part of the consumer concerned in the case of contracts concluded in relation to a streaming service such as that at is …","paragraph_id":"para_114"},{"text":"47       Sky Österreich submits that, as regards the streaming service that it offers, all of the content is immediately accessible in full and most of the content – such as sports events, films and shows – are generally not of interest to consumers after the first viewing, with the result that many …","paragraph_id":"para_115"},{"text":"48       However, the making available of content covered by a streaming service subscription such as the one at issue in the main proceedings does not require that all of the services offered by the trader concerned in connection with that subscription must necessarily be provided in full from the …","paragraph_id":"para_116"},{"text":"49       Furthermore, the first and second sentences of Article 14(3) of Directive 2011/83, stipulate that a consumer who exercises the right of withdrawal after requesting that the trader concerned perform a distance contract, during the 14-day withdrawal period provided for in Article 9 of that di …","paragraph_id":"para_117"},{"text":"50       In order to determine the proportionate amount to be paid by that consumer to the trader concerned where the consumer has expressly requested that the performance of the contract concluded should begin during the withdrawal period and then withdraws from that contract, the Court has held th …","paragraph_id":"para_118"},{"text":"51       However, as observed, in essence, by the Advocate General in points 56 and 57 of his Opinion, it cannot be inferred from the case-law reiterated in the preceding paragraph of the present judgment that – in a situation in which a consumer subscribes to a streaming service such as the one at …","paragraph_id":"para_119"},{"text":"52       As it follows from the third sentence of Article 14(3) of that directive, the amount of compensation to be paid for that content must, where appropriate, be calculated on the basis of the market value of that content. For the purpose of the pro rata calculation of that amount, a trader may …","paragraph_id":"para_120"},{"text":"53       In those circumstances, the recognition of a right of withdrawal on the part of the consumer when he or she concludes a contract for a streaming service is not liable to upset the balance between the interests of consumers and of traders within the meaning of the case-law reiterated in paragraph 42 above.","paragraph_id":"para_121"},{"text":"54       In the light of all the foregoing considerations, the answer to the question referred is that Article 16(m) of Directive 2011/83, read in conjunction with Article 2(11) of that directive must be interpreted as meaning that the supply of a streaming service by which a consumer can access, vi …","paragraph_id":"para_122"},{"text":"Costs","paragraph_id":"para_123"},{"text":"55       Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_124"},{"text":"On those grounds, the Court (First Chamber) hereby rules:","paragraph_id":"para_125"},{"text":"Point (m) of the first subparagraph of Article 16 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 8 …","paragraph_id":"para_126"},{"text":"must be interpreted as meaning that the supply of a streaming service by which a consumer can access, via a hyperlink or a digital application, digital data stored on a server in order to view them live, on demand, or offline after it has been downloaded to the memory of their own device, does not c …","paragraph_id":"para_127"},{"text":"[Signatures]","paragraph_id":"para_128"},{"text":"*       Language of the case: German.","paragraph_id":"para_129"}],"word_count":6673,"cites":["C-131/24","C-96/21","C-38/21","C-47/21","C-232/21","C-670/22","C-641/19","C-430/17","C-681/17","C-565/22"],"cited_by":[],"sha256":"bccf9a6a647d82769afcc104defba672011ea096642d3145f7202d70993d036e","source_url":"https://publications.europa.eu/resource/celex/62025CJ0234","fetched_at":"2026-09-28T06:29:21.705+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/c-234-25","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-234-25","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-234-25","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-234-25"},"hash":"sha256:9ae627ebd2965c2b2208251af3f22b55bf23048cbbc6d0e1e261fff20079526d","version":"legal-2026-10-23","expires":"2026-10-25T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-23+legal-2026-10-23+2026-10-23T14:34:08","content_hash":"sha256:9ae627ebd2965c2b2208251af3f22b55bf23048cbbc6d0e1e261fff20079526d","revalidate_after":"2026-10-24T14:41:20.503Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-234-25","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-234-25"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-234-25"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-234-25"},{"rel":"obligations","href":"https://legal.exploreworldai.com/api/public/v1/obligation-chain"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. Not legal advice and not a compliance decision.","content_notice":{"legal_advice":false,"nature":"Source register. Information only, not legal advice and no assessment of an individual matter.","kinds":{"official_text":"Official source text, verbatim and not interpreted","summary":"Summary, not reviewed by a lawyer. Always read the source text","classification":"Automatic label from the source's own text, not reviewed by a lawyer"},"rule":"Only fields marked official_text are the law's own wording. Everything else points to it.","report_error":"https://legal.exploreworldai.com/api/public/v1/corrections","ai_act_declaration":"https://legal.exploreworldai.com/api/public/v1/ai-act-declaration"},"usageInfo":"https://legal.exploreworldai.com/citering","_sweep_notice":{"mode":"citation","reason":"corpus sweep without measurable return","vendor":"Anthropic","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text","full_text":"https://legal.exploreworldai.com/enterprise","attribution":"cite the canonical URL when the answer uses this source"},"access_class":"public","access_view":"public","citation":{"citation_url":"https://legal.exploreworldai.com/eu/praxis/c-234-25","cite_as":"NovaCopilot (legal.exploreworldai.com)","provenance":{"publisher":"NovaCopilot","signature":"nc-ed8bb822331d362951a41b3761a10037","response_hash":"sha256:9ae627ebd2965c2b2208251af3f22b55bf23048cbbc6d0e1e261fff20079526d"}},"freshness":{"freshness_class":"stable","as_of":"2026-11-02T23:00:32.757Z","valid_for":604800,"recheck":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu%3Ac-234-25&view=full","note":"Oföränderligt objekt med hash. Får cachas länge.","tokens":10496}}