# C_2007297EN.01000701.xml

| 8.12.2007 | EN | Official Journal of the European Union | C 297/7 |
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8.12.2007

EN

Official Journal of the European Union

C 297/7

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Judgment of the Court (First Chamber) of 4 October 2007 (reference for a preliminary ruling from the Tribunal d'instance de Saintes, France) — Max Rampion, Marie-Jeanne Rampion, née Godard v Franfinance SA, K par K SAS

(Case C-429/05) (1)

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(Directive 87/102/EEC - Consumer credit - Right of the consumer to pursue remedies against the grantor of credit for non-performance or performance not in accordance with the contract relating to the goods or services financed by the credit - Conditions - Indication in the offer of credit of the goods or service being financed - Credit facility enabling the credit granted to be used on a number of occasions - Possibility for the national court to raise of its own motion the right of the consumer to pursue remedies against the grantor of credit)

(2007/C 297/10)

Language of the case: French

Referring court

Tribunal d'instance de Saintes

Parties to the main proceedings

Applicants: Max Rampion, Marie-Jeanne Rampion, née Godard

Applicants:

Defendants: Franfinance SA, K par K SAS

Defendants:

Re:

Reference for a preliminary ruling — Tribunal d'instance de Saintes — Interpretation of Articles 11 and 14 of Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ 1987 L 42, p. 48) — National legislation making application of the rules on interdependence between a credit agreement and a sale contract conditional on an indication being made, in the credit offer, of the goods being financed — Credit facility arrangement which does not indicate the goods being financed but is clearly linked to the contract of sale — Whether possible for the national courts to raise of their own motion arguments relating to the regulation of consumer credit.

Operative part of the judgment

| 1. | Articles 11 and 14 of Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit, as amended by Directive 98/7/EC of the European Parliament and of the Council of 16 February 1998, must be interpreted as meaning that the right to pursue remedies, provided for in Article 11(2) of Directive 87/102, as amended, which the consumer enjoys against the grantor of credit, may not be made subject to the condition that the prior offer of credit must indicate the goods or services being financed. |
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1.

Articles 11 and 14 of Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit, as amended by Directive 98/7/EC of the European Parliament and of the Council of 16 February 1998, must be interpreted as meaning that the right to pursue remedies, provided for in Article 11(2) of Directive 87/102, as amended, which the consumer enjoys against the grantor of credit, may not be made subject to the condition that the prior offer of credit must indicate the goods or services being financed.

| 2. | Directive 87/102, as amended by Directive 98/7, must be interpreted as allowing national courts to apply of their own motion the provisions transposing Article 11(2) of Directive 87/102 into national law. |
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2.

Directive 87/102, as amended by Directive 98/7, must be interpreted as allowing national courts to apply of their own motion the provisions transposing Article 11(2) of Directive 87/102 into national law.

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(1)  OJ C 36, 11.2.2006.

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