# C_2019246EN.01000801.xml

| 22.7.2019 | EN | Official Journal of the European Union | C 246/8 |
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22.7.2019

EN

Official Journal of the European Union

C 246/8

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Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 5 April 2019 — DenizBank AG v Verein für Konsumenteninformation

(Case C-287/19)

(2019/C 246/08)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Defendant and appellant in the appeal on a point of law: DenizBank AG

Applicant and defendant in the appeal on a point of law: Verein für Konsumenteninformation

Questions referred

| 1. | Is point (6)(a) of Article 52 in conjunction with Article 54(1) of Directive 2015/2366/EU (1) (Payment Services Directive), pursuant to which the payment service user will be deemed to have accepted proposed changes in the conditions unless the payment service user notifies the payment service provider before the date of their proposed date of entry into force that they are not accepted, to be interpreted as meaning that tacit consent can also be agreed with the consumer for any conceivable contractual conditions without any restriction? |
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1.

Is point (6)(a) of Article 52 in conjunction with Article 54(1) of Directive 2015/2366/EU (1) (Payment Services Directive), pursuant to which the payment service user will be deemed to have accepted proposed changes in the conditions unless the payment service user notifies the payment service provider before the date of their proposed date of entry into force that they are not accepted, to be interpreted as meaning that tacit consent can also be agreed with the consumer for any conceivable contractual conditions without any restriction?

| 2. | a) | Is point (14) of Article 4 of the Payment Services Directive to be interpreted as meaning that the NFC function of a personalised multifunctional bank card by means of which low value payments are debited from the associated customer account constitutes a payment instrument? |
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2.

a)

Is point (14) of Article 4 of the Payment Services Directive to be interpreted as meaning that the NFC function of a personalised multifunctional bank card by means of which low value payments are debited from the associated customer account constitutes a payment instrument?

| b) | If Question 2.a) is answered in the affirmative: | Is Article 63(1)(b) of the Payment Services Directive regarding the derogations for low value payments and electronic money to be interpreted as meaning that a contactless low value payment using the NFC function of a personalised multifunctional bank card to be regarded as anonymous use of the payment instrument within the meaning of the derogation? |
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b)

If Question 2.a) is answered in the affirmative:

Is Article 63(1)(b) of the Payment Services Directive regarding the derogations for low value payments and electronic money to be interpreted as meaning that a contactless low value payment using the NFC function of a personalised multifunctional bank card to be regarded as anonymous use of the payment instrument within the meaning of the derogation?

| 3. | Is Article 63(1)(b) of the Payment Services Directive to be interpreted as meaning that a payment service provider can rely on that derogation only if it can be established, according to the objective state of technical knowledge, that the payment instrument does not allow its blocking or prevention of its further use? |
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3.

Is Article 63(1)(b) of the Payment Services Directive to be interpreted as meaning that a payment service provider can rely on that derogation only if it can be established, according to the objective state of technical knowledge, that the payment instrument does not allow its blocking or prevention of its further use?

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(1)  Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ 2015 L 337, p. 35).

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