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Document 62007CN0509

    Case C-509/07: Reference for a preliminary ruling from the Tribunale di Bergamo (Italy) lodged on 21 November 2007 — Luigi Scarpelli v NEOS Banca SpA

    OJ C 37, 9.2.2008, p. 7–7 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    9.2.2008   

    EN

    Official Journal of the European Union

    C 37/7


    Reference for a preliminary ruling from the Tribunale di Bergamo (Italy) lodged on 21 November 2007 — Luigi Scarpelli v NEOS Banca SpA

    (Case C-509/07)

    (2008/C 37/08)

    Language of the case: Italian

    Referring court

    Tribunale di Bergamo

    Parties to the main proceedings

    Applicant: Luigi Scarpelli

    Defendant: NEOS Banca SpA

    Question referred

    ‘Is Article 11(2) of Council Directive 102/87/EEC (1) to 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 a necessary condition for the consumer's right to pursue remedies against the grantor of credit — where the supplier is in breach of contract — even where that right is (a) only to termination of the credit agreement; or (b) to termination of the agreement and consequently to reimbursement of the sums paid to the grantor of credit?’


    (1)  OJ L 42, p. 48.


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