CELEX: 62018CA0295
Language: en
Date: 2019-04-11 00:00:00
Title: Case C-295/18: Judgment of the Court (Tenth Chamber) of 11 April 2019 (request for a preliminary ruling from the Tribunal da Relação do Porto — Portugal) — Mediterranean Shipping Company (Portugal) — Agentes de Navegação SA v Banco Comercial Português SA, Caixa Geral de Depósitos SA (Reference for a preliminary ruling — Payment services in the internal market — Directive 2007/64/EC — Articles 2 and 58 — Scope — Payment service user — Meaning — Execution of a direct-debit payment order issued by a third party in respect of an account of which that party is not the holder — No authorisation from the holder of the debited account — Unauthorised payment transactions)

17.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 206/16
            
         
      Judgment of the Court (Tenth Chamber) of 11 April 2019 (request for a preliminary ruling from the Tribunal da Relação do Porto — Portugal) — Mediterranean Shipping Company (Portugal) — Agentes de Navegação SA v Banco Comercial Português SA, Caixa Geral de Depósitos SA
      (Case C-295/18) (1)
      
      (Reference for a preliminary ruling - Payment services in the internal market - Directive 2007/64/EC - Articles 2 and 58 - Scope - Payment service user - Meaning - Execution of a direct-debit payment order issued by a third party in respect of an account of which that party is not the holder - No authorisation from the holder of the debited account - Unauthorised payment transactions)
      (2019/C 206/20)
      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 SA
      
         Defendants: Banco Comercial Português SA, Caixa Geral de Depósitos SA
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 2(1) 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, must be interpreted to the effect that the notion of ‘payment services’, for the purposes of that provision, includes the execution of direct debits, initiated by the payee, on a payment account of which it is not the holder, where the holder of the account thus debited does not consent to those direct debits.
               
            
                  2.
               
               
                  Article 58 of Directive 2007/64 must be interpreted to the effect that the notion of ‘payment service user’, for the purposes of that article, includes the holder of a payment account on which direct debits were executed without its consent.
               
            
         (1)  OJ C 259, 23.7.2018.