This document is an excerpt from the EUR-Lex website
Document 62021CN0630
Case C-630/21: Request for a preliminary ruling from the Oberlandesgericht Stuttgart (Germany) lodged on 13 October 2021 — O.K. v Mercedes-Benz Bank AG
Case C-630/21: Request for a preliminary ruling from the Oberlandesgericht Stuttgart (Germany) lodged on 13 October 2021 — O.K. v Mercedes-Benz Bank AG
Case C-630/21: Request for a preliminary ruling from the Oberlandesgericht Stuttgart (Germany) lodged on 13 October 2021 — O.K. v Mercedes-Benz Bank AG
OJ C 73, 14.2.2022, p. 6–6
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 73, 14.2.2022, p. 3–3
(GA)
14.2.2022 |
EN |
Official Journal of the European Union |
C 73/6 |
Request for a preliminary ruling from the Oberlandesgericht Stuttgart (Germany) lodged on 13 October 2021 — O.K. v Mercedes-Benz Bank AG
(Case C-630/21)
(2022/C 73/08)
Language of the case: German
Referring court
Oberlandesgericht Stuttgart
Parties to the main proceedings
Applicant and appellant: O.K.
Defendant and respondent: Mercedes-Benz Bank AG
Questions referred
1. |
Is Article 14 of Directive 2008/48 (1) to be interpreted as meaning that the consumer’s right of withdrawal no longer exists if the credit agreement has been fully performed by both parties? |
2. |
If Question 1. is answered in the negative: Does Article 14 of Directive 2008/48 preclude a rule in the national law of a Member State which has the effect that the consumer’s right of withdrawal can no longer be exercised if the credit agreement has been fully performed by both parties? |
3. |
If Question 1. is answered in the negative and Question 2. in the affirmative: Does Article 14(3) of Directive 2008/48 preclude a rule in the national law of a Member State under which a consumer who has effectively exercised his or her right of withdrawal based on Article 14(1) of Directive 2008/48 has a right to have the creditor surrender the benefits that it has derived from the payments that the consumer has made to it up to the time of withdrawal? |
(1) Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008 L 133, p. 66).