JUDGMENT OF THE COURT

(Fifth Chamber)

4 March 2004

In Case C-264/02 (Reference for a preliminary ruling from the Tribunal d'instance de Vienne): Cofinoga Mérignac SA v Sylvain Sachithanathan (1)

(Directives 87/102/EEC and 90/88/EEC - Consumer credit - Consumer information - Annual percentage rate of charge - Variable interest rate - Renewal of an agreement)

(2004/C 94/13)

Language of the case: French

In Case C-264/02: References to the Court under Article 234 EC by the Tribunal d'instance de Vienne (France) for a preliminary ruling in the proceedings pending before that court between Cofinoga Mérignac SA and Sylvain Sachithanathan, on the interpretation of Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ 1987 L 42, p. 48), as amended by Council Directive 90/88/EEC of 22 February 1990 (OJ 1990 L 61, p. 14), the Court (Fifth Chamber), composed of: P. Jann (Rapporteur), acting for the President of the Fifth Chamber, C.W.A. Timmermans and S. von Bahr, Judges; A. Tizzano, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, has given a judgment on 4 March 2004, in which it has ruled:

Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit, as amended by Council Directive 90/88/EEC of 22 February 1990, does not require, before each renewal, on the existing terms and conditions, of a credit agreement for a specified period entered into in the form of a credit facility that may be drawn down in instalments and is linked to a credit card, that is repayable in monthly instalments and bears an interest rate that is expressed to be variable, that the lender inform the borrower in writing of the current annual percentage rate of charge and of the conditions under which the latter may be amended.

(1)  OJ C 233 of 28.09.2002.