20.8.2005

Official Journal of the European Union

C 205/7

Reference for a preliminary ruling from the Tribunal Supremo (Spain) by order of that court of 13 April 2005 in the case of Asnef-Equifax Servicios de Información sobre Solvencia y Crédito, S.L. and Administración del Estado v Asociación de Usuarios de Servicios Bancarios (AUSBANC)

(Case C-238/05)

(2005/C 205/14)

Language of the case: Spanish

Reference has been made to the Court of Justice of the European Communities by order of the Tribunal Supremo (Spain) of 13 April 2005, received at the Court Registry on 30 May 2005, for a preliminary ruling in the proceedings between Asnef-Equifax Servicios de Información sobre Solvencia y Crédito, S.L. and Administración del Estado and Asociación de Usuarios de Servicios Bancarios (AUSBANC) on the following questions:

Is it possible to interpret Article 81(1) EC as meaning that agreements between financial institutions for the exchange of information about the solvency of their customers and lateness of payments by them may be regarded as compatible with the common market, in so far as they affect the financial policies of the European Union and the common credit market and have the effect of restricting competition in the financial and credit institution sector?

Is it possible to interpret Article 81(3) EC as meaning that a Member State may, by means of bodies responsible for overseeing competition, authorise agreements between financial institutions for the exchange of information about their customers through the establishment of a credit information register, in so far as the creation of that register produces benefits for consumers and users of those financial services?