# C_2022380EN.01000501.xml

| 3.10.2022 | EN | Official Journal of the European Union | C 380/5 |
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3.10.2022

EN

Official Journal of the European Union

C 380/5

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Request for a preliminary ruling from the Oberlandesgerichts München (Germany) lodged on 12 July 2022 — DP v BMW Bank GmbH

(Case C-463/22)

(2022/C 380/07)

Language of the case: German

Referring court

Oberlandesgerichts München

Parties to the main proceedings

Applicant: DP

Defendant: BMW Bank GmbH

Questions referred

| 1. | Does a distance contract within the meaning of Article 2(a) of Directive 2002/65/EC (1) and point 7 of Article 2 of Directive 2011/83/EU (2) exist where the only personal contact during contractual negotiations was with a credit intermediary who initiates transactions with consumers for and on behalf of the trader but does not personally have any power of representation to conclude the contracts in question? |
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1.

Does a distance contract within the meaning of Article 2(a) of Directive 2002/65/EC (1) and point 7 of Article 2 of Directive 2011/83/EU (2) exist where the only personal contact during contractual negotiations was with a credit intermediary who initiates transactions with consumers for and on behalf of the trader but does not personally have any power of representation to conclude the contracts in question?

| 2. | Does an off-premises contract within the meaning of points 8 and 9 of Article 2 of Directive 2011/83 exist where the contractual negotiations take place on the premises of a credit intermediary who initiates transactions with consumers for and on behalf of the trader but does not personally have any power of representation to conclude the contracts in question? |
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2.

Does an off-premises contract within the meaning of points 8 and 9 of Article 2 of Directive 2011/83 exist where the contractual negotiations take place on the premises of a credit intermediary who initiates transactions with consumers for and on behalf of the trader but does not personally have any power of representation to conclude the contracts in question?

| 3. | Do mileage-based motor vehicle leasing agreements concluded with a consumer constitute contracts for financial services within the meaning of Article 2(b) of Directive 2002/65/EC, now incorporated in point 12 of Article 2 of Directive 2011/83/EU? |
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3.

Do mileage-based motor vehicle leasing agreements concluded with a consumer constitute contracts for financial services within the meaning of Article 2(b) of Directive 2002/65/EC, now incorporated in point 12 of Article 2 of Directive 2011/83/EU?

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(1)  Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ 2002 L 271, p. 16).

(2)  Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ 2011 L 304, p. 64).

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