Case C-778/18: Request for a preliminary ruling from the Conseil d’État (France) lodged on 11 December 2018 — Association française des usagers de banques v Ministre de l’Économie et des Finances
Date: 2018-12-11
Institutions: Court of Justice
Subjects: account, consumer protection, contract terms, credit guarantee, real estate credit, real property, termination of a contract








C_2019054EN.01001401.xml










11.2.2019   


EN


Official Journal of the European Union


C 54/14






Request for a preliminary ruling from the Conseil d’État (France) lodged on 11 December 2018 — Association française des usagers de banques v Ministre de l’Économie et des Finances
(Case C-778/18)
(2019/C 54/18)
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

Questions referred







—


Do the provisions of Article 12(2)(a) of Directive 2014/17/EU of 4 February 2014 on credit agreements for consumers relating to residential immovable property, (1) having regard, inter alia, to the purpose that they assign to the payment or savings account which they authorise to be opened or maintained, or the provisions of paragraph 3 of that article, authorise, first, the creditor to require the borrower, as consideration for an individual advantage, to deposit all of his salary or similar income in a payment account opened with that creditor during a period fixed by the credit agreement, whatever the amount, the instalments and the duration of the loan, and, secondly, that the period thus fixed may extend to ten years or, if it is shorter, the duration of the agreement?










—


Do Article 45 of Directive 2007/64/EC of 13 November 2007, (2) applicable at the material time and now recast as Article 55 of Directive (EU) 2015/2366 of 25 November 2015, (3) and Articles 9 to 14 of Directive 2014/92/EU of 23 July 2014, (4) relating to the facilitation of banking mobility and to fees for closing a payment account, preclude the closure of an account opened by the borrower with the creditor for the purposes of depositing his income with that creditor as consideration for an individual advantage as part of a credit agreement from resulting, if it occurs before the expiry of the period fixed in that agreement, in the loss of that advantage, including more than a year after the opening of the account and, secondly, do those provisions prevent the duration of that period extending to ten years or the total duration of the loan?






(1)  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 (OJ 2014 L 60, p. 34).

(2)  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).

(3)  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 (OJ 2015 L 337, p. 35).

(4)  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 (OJ 2014 L 257, p. 214).