# C_2022432EN.01000801.xml

| 14.11.2022 | EN | Official Journal of the European Union | C 432/8 |
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14.11.2022

EN

Official Journal of the European Union

C 432/8

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Request for a preliminary ruling from the Landgericht Ravensburg (Germany) lodged on 10 August 2022 — MW, CY v VR Bank Ravensburg-Weingarten eG

(Case C-536/22)

(2022/C 432/10)

Language of the case: German

Referring court

Landgericht Ravensburg

Parties to the main proceedings

Applicants: MW, CY

Defendant: VR Bank Ravensburg-Weingarten eG

Questions referred

| 1. | Must the concept of ‘fair and objective compensation ... for possible costs directly linked to the early repayment’ in Article 25(3) of Directive 2014/17/EU (1) be interpreted as meaning that the compensation also covers the creditor’s loss of profit, in particular the future interest payments lost as a result of the early repayment? |
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1.

Must the concept of ‘fair and objective compensation ... for possible costs directly linked to the early repayment’ in Article 25(3) of Directive 2014/17/EU (1) be interpreted as meaning that the compensation also covers the creditor’s loss of profit, in particular the future interest payments lost as a result of the early repayment?

| 2. | If Question 1 is answered in the affirmative:
  Does EU law, specifically Article 25(3) of Directive 2014/17/EU, contain guidelines for the calculation of the income which the creditor receives from its reinvestment of a consumer loan relating to immovable property which has been repaid early — income to be taken into account in the context of loss of profit — and if so, what are those guidelines?
  In particular:






  (a) | Must the national rules for that calculation be linked to the manner in which the creditor actually uses the amount which was repaid early? |
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2.

If Question 1 is answered in the affirmative:

Does EU law, specifically Article 25(3) of Directive 2014/17/EU, contain guidelines for the calculation of the income which the creditor receives from its reinvestment of a consumer loan relating to immovable property which has been repaid early — income to be taken into account in the context of loss of profit — and if so, what are those guidelines?

In particular:

(a)

Must the national rules for that calculation be linked to the manner in which the creditor actually uses the amount which was repaid early?

| (b) | May a national rule allow the creditor to calculate the compensation for early repayment on the basis of a notional reinvestment in safe capital market securities with maturities corresponding to the term of the credit agreement (‘asset/liability method’)? |
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(b)

May a national rule allow the creditor to calculate the compensation for early repayment on the basis of a notional reinvestment in safe capital market securities with maturities corresponding to the term of the credit agreement (‘asset/liability method’)?

| 3. | Does the scope of Article 25 of Directive 2014/17/EU also cover the case where the consumer first terminates a consumer credit agreement relating to immovable property on the basis of a right of termination provided for by the national legislature before repaying the loan to the creditor early? |
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3.

Does the scope of Article 25 of Directive 2014/17/EU also cover the case where the consumer first terminates a consumer credit agreement relating to immovable property on the basis of a right of termination provided for by the national legislature before repaying the loan to the creditor early?

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(1)  Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ 2014 L 60, p. 34).

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