This document is an excerpt from the EUR-Lex website
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
Case C-463/22: Request for a preliminary ruling from the Oberlandesgerichts München (Germany) lodged on 12 July 2022 — DP v BMW Bank GmbH
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)
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).