To briefly remind our readers, the referring German court asked for a clarification on the concept of a 'selling price' from Directive 98/6/EC on price indication. The question was whether consumers purchasing goods in returnable (glass) containers should see the deposit for the returnable container included in the product price, as it would be part of the final selling price, unavoidable and foreseeable. The CJEU confirms that this is not the case and that such deposits should be priced separately.
Both AG Emiliou and the CJEU focused mainly on the avoidability of the deposit becoming a final part of the selling price, as even if consumers decide not to return the container and obtain a reimbursement, in theory they could and maybe even should have done so (paras 21-23). Additional argument relates again to the legislative aim of ensuring consumers make better-informed decisions. CJEU states that consumers receiving separate information on the price of a product and on a deposit for a container would be better able to compare products available on the market, and different deposit schemes (paras 25-27). The CJEU invokes the average consumer concept as a benchmark for a consumer who should be able to add the two price points together and assess the final price. The latter is a response to the Commission's concern about possible confusion as to the final price of vulnerable consumers (para 62 AG Emiliou's opinion).
