# C_2018182EN.01000902.xml

| 28.5.2018 | EN | Official Journal of the European Union | C 182/9 |
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28.5.2018

EN

Official Journal of the European Union

C 182/9

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Request for a preliminary ruling from the Landgericht Bonn (Germany) lodged on 23 February 2018 — Antonio Romano, Lidia Romano v DSL Bank

(Case C-143/18)

(2018/C 182/10)

Language of the case: German

Referring court

Referring court

Landgericht Bonn

Parties to the main proceedings

Parties to the main proceedings

Applicants: Antonio Romano, Lidia Romano

Applicants:

Defendant: DSL Bank

Defendant:

Questions referred

Questions referred

| 1. | Is Article 6(2)(c) of Directive 2002/65/EC (1) to be interpreted as precluding national legislation or practice such as that of the main proceedings which does not provide for the right of withdrawal to be inapplicable in the case of distance loan contracts whose performance has been fully completed by both parties at the consumer’s express request before the consumer exercises his right of withdrawal? |
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1.

Is Article 6(2)(c) of Directive 2002/65/EC (1) to be interpreted as precluding national legislation or practice such as that of the main proceedings which does not provide for the right of withdrawal to be inapplicable in the case of distance loan contracts whose performance has been fully completed by both parties at the consumer’s express request before the consumer exercises his right of withdrawal?

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| 2. | Are Article 4(2), Article 5(1), the second indent of the second subparagraph of Article 6(1) and Article 6(6) of Directive 2002/65/EC to be interpreted as meaning that, for proper receipt of information as provided for by national law in accordance with Article 5(1) and Article 3(1)(3)(a) of Directive 2002/65/EC and the exercise of the right of withdrawal by the consumer pursuant to national law, reference must be made to no consumer other than a reasonably well-informed and reasonably observant and circumspect average consumer, having regard to all the relevant facts and all the circumstances surrounding the conclusion of this contract? |
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2.

Are Article 4(2), Article 5(1), the second indent of the second subparagraph of Article 6(1) and Article 6(6) of Directive 2002/65/EC to be interpreted as meaning that, for proper receipt of information as provided for by national law in accordance with Article 5(1) and Article 3(1)(3)(a) of Directive 2002/65/EC and the exercise of the right of withdrawal by the consumer pursuant to national law, reference must be made to no consumer other than a reasonably well-informed and reasonably observant and circumspect average consumer, having regard to all the relevant facts and all the circumstances surrounding the conclusion of this contract?

| 3. | In the event that Questions 1 and 2 are answered in the negative:
  Is Article 7(4) of Directive 2002/65/EC to be interpreted as precluding legislation of a Member State which provides that, after withdrawal from a distance consumer loan contract has been declared, the supplier must also pay to the consumer, beyond the sum he has received from the consumer in accordance with the distance contract, compensation for the benefit of use on this sum? |
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3.

In the event that Questions 1 and 2 are answered in the negative:

Is Article 7(4) of Directive 2002/65/EC to be interpreted as precluding legislation of a Member State which provides that, after withdrawal from a distance consumer loan contract has been declared, the supplier must also pay to the consumer, beyond the sum he has received from the consumer in accordance with the distance contract, compensation for the benefit of use on this sum?

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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).

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