# C_2016335EN.01003701.xml

| 12.9.2016 | EN | Official Journal of the European Union | C 335/37 |
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12.9.2016

EN

Official Journal of the European Union

C 335/37

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Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 28 June 2016 — UAB ‘Gelvora’ v Valstybinė vartotojų teisių apsaugos tarnyba

(Case C-357/16)

(2016/C 335/50)

Language of the case: Lithuanian

Referring court

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings

Parties to the main proceedings

Appellant: UAB ‘Gelvora’

Appellant:

Other party: Valstybinė vartotojų teisių apsaugos tarnyba

Other party:

Questions referred

Questions referred

| 1. | Does the legal relationship between a company that has acquired the right to a debt under an assignment of claim agreement and a natural person whose indebtedness arose under a consumer credit agreement, where the company carries out acts of debt recovery, fall within the scope of Directive 2005/29/EC (1) 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? |
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1.

Does the legal relationship between a company that has acquired the right to a debt under an assignment of claim agreement and a natural person whose indebtedness arose under a consumer credit agreement, where the company carries out acts of debt recovery, fall within the scope of Directive 2005/29/EC (1) 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?

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| 2. | If the answer to the first question is in the affirmative, does the term ‘product’ used in Article 2(c) of the Directive cover acts performed in exercising the right to the debt acquired under the assignment of claim agreement in the context of debt recovery from a natural person whose indebtedness arose under a consumer credit agreement entered into with the original creditor? |
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2.

If the answer to the first question is in the affirmative, does the term ‘product’ used in Article 2(c) of the Directive cover acts performed in exercising the right to the debt acquired under the assignment of claim agreement in the context of debt recovery from a natural person whose indebtedness arose under a consumer credit agreement entered into with the original creditor?

| 3. | Does the legal relationship between a company that has acquired the right to a debt under an assignment of claim agreement and a natural person whose indebtedness arose under a consumer credit agreement and has already been established by a final judicial decision and passed to the bailiff for enforcement, where the company is carrying out parallel acts of debt recovery, fall within the scope of the Directive? |
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3.

Does the legal relationship between a company that has acquired the right to a debt under an assignment of claim agreement and a natural person whose indebtedness arose under a consumer credit agreement and has already been established by a final judicial decision and passed to the bailiff for enforcement, where the company is carrying out parallel acts of debt recovery, fall within the scope of the Directive?

| 4. | If the answer to the third question is in the affirmative, does the term ‘product’ used in Article 2(c) of the Directive cover acts performed in exercising the right to the debt acquired under the assignment of claim agreement in the context of debt recovery from a natural person whose indebtedness arose under a consumer credit agreement entered into with the original creditor and has been established by a final judicial decision and passed to the bailiff for enforcement? |
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4.

If the answer to the third question is in the affirmative, does the term ‘product’ used in Article 2(c) of the Directive cover acts performed in exercising the right to the debt acquired under the assignment of claim agreement in the context of debt recovery from a natural person whose indebtedness arose under a consumer credit agreement entered into with the original creditor and has been established by a final judicial decision and passed to the bailiff for enforcement?

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(1)  OJ 2005 L 149, p. 22.

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