Judgment_paragraph 39 · Criminal proceedings against Canal Digital Danmark A/S (C-611/14)

39It must be noted, in that regard, that the benchmark to be used is that of the average consumer, who is reasonably well-informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors (judgment of 12 May 2011, Ving Sverige, C‑122/10, EU:C:2011:299, paragraph 22). It should be added that, as is apparent from recital 18 in the preamble to Directive 2005/29, the ‘average consumer’ test is not a statistical test and that, to determine the typical reaction of that consumer in a given case, the national courts and authorities have to exercise their own faculty of judgment.