# C_2020423EN.01000302.xml

| 7.12.2020 | EN | Official Journal of the European Union | C 423/3 |
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7.12.2020

EN

Official Journal of the European Union

C 423/3

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Judgment of the Court (Fifth Chamber) of 15 October 2020 (request for a preliminary ruling from the Conseil d’État — France) — Association française des usagers de banques v Ministre de l’Économie et des Finances

(Case C-778/18) (1)

(Reference for a preliminary ruling - Consumer protection - Payment services in the internal market - Directive 2007/64/EC - Article 45 - Directive (EU) 2015/2366 - Article 55 - Termination of a framework contract - Directive 2014/17/EU - Credit agreements for consumers relating to residential immovable property - Article 12(1), (2)(a) and (3) - Tying practices - Bundling practices - Directive 2014/92/EU - Payment accounts - Articles 9 to 14 - Account switching - Obligation to deposit income on a payment account held with the lender during a period fixed by the credit agreement as consideration for an individual advantage - Duration of the obligation - Loss of the individual advantage in the event of early termination of the account)

(2020/C 423/04)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: Association française des usagers de banques

Defendant: Ministre de l’Économie et des Finances

Operative part of the judgment

| 1. | Article 12(2)(a) of 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 must be interpreted as precluding national legislation which authorises a lender to require a borrower, when concluding a credit agreement relating to immovable property for residential use, as consideration for an individual advantage, to deposit all his or her salary or similar income on a payment account opened with that lender, irrespective of the amount, maturities and duration of the loan. However, that provision must be interpreted as not precluding national legislation under which the duration of the deposit required, where it does not relate to the borrower’s entire income from employment, may be of up to 10 years or, if it is shorter, the duration of the credit agreement concerned; |
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1.

Article 12(2)(a) of 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 must be interpreted as precluding national legislation which authorises a lender to require a borrower, when concluding a credit agreement relating to immovable property for residential use, as consideration for an individual advantage, to deposit all his or her salary or similar income on a payment account opened with that lender, irrespective of the amount, maturities and duration of the loan. However, that provision must be interpreted as not precluding national legislation under which the duration of the deposit required, where it does not relate to the borrower’s entire income from employment, may be of up to 10 years or, if it is shorter, the duration of the credit agreement concerned;

| 2. | The concept of ‘charges’ or ‘fees’, within the meaning of Article 45(2) 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, Article 55(2) of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC, and Article 12(3) of Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features, must be interpreted as not including the loss of an individual advantage offered by a lender to a borrower as consideration for the opening of an account with that lender for the purpose of depositing his or her income in the context of a credit agreement, caused by the termination of that account. |
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2.

The concept of ‘charges’ or ‘fees’, within the meaning of Article 45(2) 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, Article 55(2) of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC, and Article 12(3) of Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features, must be interpreted as not including the loss of an individual advantage offered by a lender to a borrower as consideration for the opening of an account with that lender for the purpose of depositing his or her income in the context of a credit agreement, caused by the termination of that account.

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(1)  OJ C 54, 11.2.2019.

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