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Document 62022CN0463

Case C-463/22: Request for a preliminary ruling from the Oberlandesgerichts München (Germany) lodged on 12 July 2022 — DP v BMW Bank GmbH

OJ C 380, 3.10.2022, p. 5–5 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of document:
12/07/2022
Date lodged:
12/07/2022
Author:
Court of Justice
Form:
Judicial information
Authentic language:
German
Type of procedure:
Reference for a preliminary ruling
Link
Select all documents mentioning this document
Case affecting:
  • Submits a preliminary question about 32002L0065 article 2 point (a)
  • Submits a preliminary question about 32002L0065 article 2 point (b)
  • Submits a preliminary question about 32011L0083 article 2 point 12
  • Submits a preliminary question about 32011L0083 article 2 point 7
  • Submits a preliminary question about 32011L0083 article 2 point 8
  • Submits a preliminary question about 32011L0083 article 2 point 9
Link

3.10.2022   

EN

Official Journal of the European Union

C 380/5

Request for a preliminary ruling from the Oberlandesgerichts München (Germany) lodged on 12 July 2022 — DP v BMW Bank GmbH

(Case C-463/22)

(2022/C 380/07)

Language of the case: German

Referring court

Oberlandesgerichts München

Parties to the main proceedings

Applicant: DP

Defendant: BMW Bank GmbH

Questions referred

1.

Does a distance contract within the meaning of Article 2(a) of Directive 2002/65/EC (1) and point 7 of Article 2 of Directive 2011/83/EU (2) exist where the only personal contact during contractual negotiations was with a credit intermediary who initiates transactions with consumers for and on behalf of the trader but does not personally have any power of representation to conclude the contracts in question?

2.

Does an off-premises contract within the meaning of points 8 and 9 of Article 2 of Directive 2011/83 exist where the contractual negotiations take place on the premises of a credit intermediary who initiates transactions with consumers for and on behalf of the trader but does not personally have any power of representation to conclude the contracts in question?

3.

Do mileage-based motor vehicle leasing agreements concluded with a consumer constitute contracts for financial services within the meaning of Article 2(b) of Directive 2002/65/EC, now incorporated in point 12 of Article 2 of Directive 2011/83/EU?

(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).

(2)  Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ 2011 L 304, p. 64).

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