# C_2020230EN.01001502.xml

| 13.7.2020 | EN | Official Journal of the European Union | C 230/15 |
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13.7.2020

EN

Official Journal of the European Union

C 230/15

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Request for a preliminary ruling from the Landgericht Ravensburg (Germany) lodged on 31 March 2020 — RT, SV, BC v Volkswagen Bank GmbH, Skoda Bank, a branch of Volkswagen Bank GmbH

(Case C-155/20)

(2020/C 230/21)

Language of the case: German

Referring court

Landgericht Ravensburg

Parties to the main proceedings

Applicants: RT, SV, BC

Defendants: Volkswagen Bank GmbH, Skoda Bank — a branch of Volkswagen Bank GmbH

Questions referred

| 1. | Is Article 10(2)(l) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (1) to be interpreted as meaning that the credit agreement






  (a) | must specify the interest rate applicable in the case of late payments as applicable at the time of the conclusion of the credit agreement as an absolute number or, at the very least, the current reference interest rate (in this case the base rate in accordance with Paragraph 247 of the Bürgerliches Gesetzbuch (German Civil Code, BGB)), from which the interest rate applicable in the case of late payments is obtained by adding a premium (in this case of five percentage points in accordance with Paragraph 288(1), second sentence, of the BGB), as an absolute number? |
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1.

Is Article 10(2)(l) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (1) to be interpreted as meaning that the credit agreement

(a)

must specify the interest rate applicable in the case of late payments as applicable at the time of the conclusion of the credit agreement as an absolute number or, at the very least, the current reference interest rate (in this case the base rate in accordance with Paragraph 247 of the Bürgerliches Gesetzbuch (German Civil Code, BGB)), from which the interest rate applicable in the case of late payments is obtained by adding a premium (in this case of five percentage points in accordance with Paragraph 288(1), second sentence, of the BGB), as an absolute number?

| (b) | must explain the specific arrangements for adjustment of the interest rate applicable in the case of late payments or, at the very least, must reference the national standards from which such arrangements follow (Paragraph 247 and Paragraph 288(1), second sentence, of the BGB)? |
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(b)

must explain the specific arrangements for adjustment of the interest rate applicable in the case of late payments or, at the very least, must reference the national standards from which such arrangements follow (Paragraph 247 and Paragraph 288(1), second sentence, of the BGB)?

| 2. | Is Article 10(2)(r) of Directive 2008/48/EC to be interpreted as meaning that the credit agreement must specify a particular method that the consumer can understand for calculating the compensation payable in the event of early repayment of the loan, so that the consumer can calculate at least approximately the compensation payable in the event of early termination? |
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2.

Is Article 10(2)(r) of Directive 2008/48/EC to be interpreted as meaning that the credit agreement must specify a particular method that the consumer can understand for calculating the compensation payable in the event of early repayment of the loan, so that the consumer can calculate at least approximately the compensation payable in the event of early termination?

| 3. | Is Article 10(2)(s) of Directive 2008/48/EC to be interpreted as meaning






  (a) | that the credit agreement must also specify the parties’ rights of termination of the credit agreement regulated under national law, including in particular the borrower’s right of termination with good cause under Paragraph 314 of the BGB, in the case of fixed-term loan agreements? |
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3.

Is Article 10(2)(s) of Directive 2008/48/EC to be interpreted as meaning

(a)

that the credit agreement must also specify the parties’ rights of termination of the credit agreement regulated under national law, including in particular the borrower’s right of termination with good cause under Paragraph 314 of the BGB, in the case of fixed-term loan agreements?

| (b) | (if Question a) above is answered in the negative) that it does not preclude a national regulation which stipulates the designation of a national special right of termination as mandatory information within the meaning of Article 10(2)(s) of Directive 2008/48/EC? |
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(b)

(if Question a) above is answered in the negative) that it does not preclude a national regulation which stipulates the designation of a national special right of termination as mandatory information within the meaning of Article 10(2)(s) of Directive 2008/48/EC?

| (c) | that the credit agreement must indicate the time limit for and form of the declaration of termination prescribed for the purpose of exercising the right of termination for all rights of termination of the parties to the credit agreement? |
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(c)

that the credit agreement must indicate the time limit for and form of the declaration of termination prescribed for the purpose of exercising the right of termination for all rights of termination of the parties to the credit agreement?

| 4. | In the case of a consumer credit agreement, is the creditor excluded from invoking the plea of forfeiture in respect of the exercising of the right of withdrawal of the consumer in accordance with the first sentence of Article 14(1) of Directive 2008/48/EC






  (a) | if some of the mandatory information required under Article 10(2) of Directive 2008/48/EC has been neither properly included in the credit agreement nor subsequently duly provided and the period of withdrawal in accordance with Article 14(1) of Directive 2008/48/EC has therefore not begun? |
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4.

In the case of a consumer credit agreement, is the creditor excluded from invoking the plea of forfeiture in respect of the exercising of the right of withdrawal of the consumer in accordance with the first sentence of Article 14(1) of Directive 2008/48/EC

(a)

if some of the mandatory information required under Article 10(2) of Directive 2008/48/EC has been neither properly included in the credit agreement nor subsequently duly provided and the period of withdrawal in accordance with Article 14(1) of Directive 2008/48/EC has therefore not begun?

| (b) | (if Question a) above is answered in the negative) if the forfeiture is decisively based on the lapse of time since conclusion of the agreement and/or on the complete fulfilment of the agreement by both parties and/or on the creditor’s disposal of the recovered loan amount or the return of the loan security and/or (in the case of a purchase agreement linked with the credit agreement) on the use or sale of the financed object by the consumer, but the consumer had no knowledge of the continued existence of his right of withdrawal in the relevant period and when the relevant circumstances arose and is also not responsible for that lack of knowledge, and the creditor could also not assume that the consumer has such knowledge? |
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(b)

(if Question a) above is answered in the negative) if the forfeiture is decisively based on the lapse of time since conclusion of the agreement and/or on the complete fulfilment of the agreement by both parties and/or on the creditor’s disposal of the recovered loan amount or the return of the loan security and/or (in the case of a purchase agreement linked with the credit agreement) on the use or sale of the financed object by the consumer, but the consumer had no knowledge of the continued existence of his right of withdrawal in the relevant period and when the relevant circumstances arose and is also not responsible for that lack of knowledge, and the creditor could also not assume that the consumer has such knowledge?

| 5. | In the case of a consumer credit agreement, is the creditor excluded from invoking the plea of abuse of rights in respect of the exercising of the right of withdrawal of the consumer in accordance with the first sentence of Article 14(1) of Directive 2008/48/EC






  (a) | if some of the mandatory information required under Article 10(2) of Directive 2008/48/EC has been neither properly included in the credit agreement nor subsequently duly provided and the period of withdrawal pursuant to Article 14(1) of Directive 2008/48/EC has therefore not begun? |
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5.

In the case of a consumer credit agreement, is the creditor excluded from invoking the plea of abuse of rights in respect of the exercising of the right of withdrawal of the consumer in accordance with the first sentence of Article 14(1) of Directive 2008/48/EC

(a)

if some of the mandatory information required under Article 10(2) of Directive 2008/48/EC has been neither properly included in the credit agreement nor subsequently duly provided and the period of withdrawal pursuant to Article 14(1) of Directive 2008/48/EC has therefore not begun?

| (b) | (if Question a) above is answered in the negative) if the abuse of rights is decisively based on the lapse of time since conclusion of the agreement and/or on the complete fulfilment of the agreement by both parties and/or on the creditor’s disposal of the recovered loan amount or the return of the loan security and/or (in the case of a purchase agreement linked with the credit agreement) on the use or sale of the financed object by the consumer, but the consumer had no knowledge of the continued existence of his right of withdrawal in the relevant period and when the relevant circumstances arose and is also not responsible for that lack of knowledge, and the creditor could also not assume that the consumer has such knowledge? |
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(b)

(if Question a) above is answered in the negative) if the abuse of rights is decisively based on the lapse of time since conclusion of the agreement and/or on the complete fulfilment of the agreement by both parties and/or on the creditor’s disposal of the recovered loan amount or the return of the loan security and/or (in the case of a purchase agreement linked with the credit agreement) on the use or sale of the financed object by the consumer, but the consumer had no knowledge of the continued existence of his right of withdrawal in the relevant period and when the relevant circumstances arose and is also not responsible for that lack of knowledge, and the creditor could also not assume that the consumer has such knowledge?

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(1)  OJ 2008 L 133, p. 66.

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