Reference for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 6 February 2012 — BKK Mobil Oil, a body governed by public law v Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V.

(Case C-59/12)

(2012/C 138/02)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant on a point of law: BKK Mobil Oil, a body governed by public law

Respondent on a point of law: Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V.

Question referred

Is Article 3(1), in conjunction with Article 2(d), of Directive 2005/29/EC (1) on unfair commercial practices to be interpreted as meaning that the action of a statutory sickness fund in making (misleading) statements to its members concerning the disadvantages that those members would suffer were they to move to another statutory sickness fund can also constitute an act by a trader in the form of a business-to-consumer commercial practice?

(1)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22).