Judgment;Summary — ECLI:EU:C:2019:320
Date: 2019-04-11
Language of the case: Portuguese
Court formation: Tenth Chamber
Subject matter: Right of establishment;Free movement of capital;Internal market - Principles
Procedure: Reference for a preliminary ruling
Origin: Portugal

Request for a preliminary ruling from the Tribunal da Relação do Porto (Portugal) lodged on 30 April 2018 — Mediterranean Shipping Company (Portugal) — Agentes de Navegação S.A. v Banco Comercial Português SA, Caixa Geral de Depósitos, SA (Case C-295/18) Language of the case: Portuguese Referring court Tribunal da Relação do Porto Parties to the main proceedings Applicant: Mediterranean Shipping Company (Portugal) — Agentes de Navegação S.A. Defendants: Banco Comercial Português SA, Caixa Geral de Depósitos, SA Questions referred 1. Should Article 2 of Directive 2007/64/EC 1 be interpreted such that its scope, as defined in that article, must be deemed to include the execution of a direct-debit payment order issued by a third-party on an account which it does not hold, where the holder of that account has not entered into a payment service contract for a single transaction, or a framework contract for the provision of payment services with that credit institution? 2. If the answer to question 1 is affirmative, in those circumstances, can that account holder be considered to be a payment service user under Article 58 of the that directive? ____________ 1 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 (OJ 2007, L 319, p. 1).