Traders appealed and the OFT cross-appealed the High Court ruling before the Court of Appeal (England and Wales)(Civil Division), which referred the case to the CJEU for a preliminary ruling whereby it seeked an interpretation of paragraph 31 of Annex I to the 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 (OJ 2005 L 149, p. 22) in order to determine whether that provision
prohibits the imposition of a cost, even of a de minimis nature, on a consumer who has been informed that they have won a prize.