# C_2017078EN.01000301.xml

| 13.3.2017 | EN | Official Journal of the European Union | C 78/3 |
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13.3.2017

EN

Official Journal of the European Union

C 78/3

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Judgment of the Court (Third Chamber) of 25 January 2017 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — BAWAG PSK Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse AG v Verein für Konsumenteninformation

(Case C-375/15) (1)

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((Reference for a preliminary ruling - Directive 2007/64/EC - Payment services in the internal market - Framework contracts - Prior general information - Obligation to provide that information on paper or on another durable medium - Information transmitted by means of the electronic mailbox of an online banking website))

(2017/C 078/03)

Language of the case: German

Referring court

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: BAWAG PSK Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse AG

Applicant:

Defendant: Verein für Konsumenteninformation

Defendant:

Operative part of the judgment

Operative part of the judgment

Articles 41(1) and 44(1) of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market, amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC, as amended by Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009, read in conjunction with Article 4(25) of that directive, must be interpreted as meaning that changes to the information and conditions, provided for under Article 42 of that directive, and changes to the framework contract as well, which are transmitted by the payment service provider to the user of those services through the electronic mailbox of an online banking website, may not be considered to have been provided on a durable medium within the meaning of those provisions, unless these two conditions are met:

| — | that that website allows the user to store information addressed to him personally in such a way that he may access it and reproduce it unchanged for an adequate period, without any unilateral modification of its content by that service provider or by another professional being possible; and |
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that that website allows the user to store information addressed to him personally in such a way that he may access it and reproduce it unchanged for an adequate period, without any unilateral modification of its content by that service provider or by another professional being possible; and

| — | if the payment service user is obliged to consult that internet website in order to become aware of that information, the transmission of that information is accompanied by active behaviour on the part of the provider aimed at drawing the user’s attention to the existence and availability of that information on that website. |
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if the payment service user is obliged to consult that internet website in order to become aware of that information, the transmission of that information is accompanied by active behaviour on the part of the provider aimed at drawing the user’s attention to the existence and availability of that information on that website.

In the event of the payment service user being obliged to consult such a website in order to become aware of the relevant information, that information is merely made available to that user within the meaning of the first sentence of Article 36(1) of Directive 2007/64, as amended by Directive 2009/111, when the transmission of that information is not accompanied by such active behaviour on the part of the payment service provider.

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(1)  OJ C 354, 26.10.2015.

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