Judgment — ECLI:EU:C:2009:255
Date: 2009-04-23
Language of the case: Italian
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Concepts: Consumer credit
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment Approximation of laws – Consumer protection in respect of consumer credit – Directive 87/102 (Council Directive 87/102, Art. 11(2)) Article 11(2) of Directive 87/102 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit must be interpreted as meaning that an agreement between a supplier and a grantor of credit whereunder credit is made available exclusively by that grantor of credit to customers of that supplier is not a necessary condition for the right of those customers to pursue remedies against the grantor of credit – where the supplier is in breach of contract – in order to obtain the termination of the credit agreement and the subsequent reimbursement of the sums paid to the grantor of credit. In a situation where the national legislation applicable to contractual relations provides that the consumer is entitled to pursue remedies against the grantor of credit in order to obtain the termination of the credit agreement and the reimbursement of the sums already paid, the directive does not make the exercise of such remedies subject to the requirement of exclusivity that has been referred to. By contrast, such a condition may need to be satisfied in order to assert other rights, not covered by national measures on contractual relations, such as the right to damages for loss caused by a breach of obligations by the supplier of goods or services in question. Making the consumer’s pursuit of remedies against the grantor of credit subject to the condition that there be a pre-existing exclusivity clause between the grantor of credit and the supplier would be at variance with the aim of Directive 87/102, which is primarily to protect the consumer as the weaker contracting party. (see paras 29-31, operative part)