Request for a preliminary ruling from the Korkein oikeus (Finland) lodged on 25 June 2015 — TrustBuddy AB v Lauri Pihjalaniemi

(Case C-311/15)

(2015/C 294/48)

Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings

Applicant: TrustBuddy AB

Defendant: Lauri Pihjalaniemi

Question referred

Is Article 3(b) of Directive 2008/48/EC (1) of the European Parliament and of the Council on credit agreements for consumers and repealing Council Directive 87/102/EEC to be interpreted as meaning that that a trader is to be regarded as a creditor if it markets credit to consumers via the internet in the form of so-called peer-to-peer lending and exercises, as regards the consumers, the decision-making power generally appertaining to creditors with respect to the terms and conditions, the granting of credit and debt recovery, even though the funds for credits come from anonymous private individuals and are kept separate from the trader’s own funds?

(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).