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Document 62020CC0155
Case C-33/20
Court of Justice
Status: Closed
Court of Justice
Status: Closed
/
DECISION
- Title
- Judgment of the Court (Sixth Chamber) of 9 September 2021. UK and Others v Volkswagen Bank GmbH and Others. Requests for a preliminary ruling from the Landgericht Ravensburg. Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Consumer credit – Article 10(2) – Information which must be included in the agreement – Obligation to specify the type of credit, the duration of the credit agreement, the rate of late-payment interest and the arrangements for adjusting the rate of late-payment interest applicable at the time of conclusion of the credit agreement – Change in the rate of late-payment interest in step with a change in the base rate set by the central bank of a Member State – Compensation payable in the event of early repayment – Obligation to specify the method used to calculate the change in the rate of late-payment interest and the compensation payable – No obligation to state the options for terminating the credit agreement provided for in national legislation but not provided for in Directive 2008/48 – Article 14(1) – Right of withdrawal exercised by the consumer for failure to include mandatory information under Article 10(2) – Exercised out of time – Creditor precluded from relying on a time bar or abuse of rights. Joined Cases C-33/20, C-155/20 and C-187/20.
- ECLI identifier
- ECLI:EU:C:2021:736
- Judge-Rapporteur
- Safjan
- Type of procedure
- Reference for a preliminary ruling
- Complementary documents:
09/09/2021
PROCEEDINGS
- Title
- Opinion of Advocate General Hogan delivered on 15 July 2021. UK and Others v Volkswagen Bank GmbH and Others. Requests for a preliminary ruling from the Landgericht Ravensburg. Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Consumer credit – Article 10(2) – Information which must be included in the agreement – Obligation to specify the type of credit, the duration of the credit agreement, the rate of late-payment interest and the arrangements for adjusting the rate of late-payment interest applicable at the time of conclusion of the credit agreement – Change in the rate of late-payment interest in step with a change in the base rate set by the central bank of a Member State – Compensation payable in the event of early repayment – Obligation to specify the method used to calculate the change in the rate of late-payment interest and the compensation payable – No obligation to state the options for terminating the credit agreement provided for in national legislation but not provided for in Directive 2008/48 – Article 14(1) – Right of withdrawal exercised by the consumer for failure to include mandatory information under Article 10(2) – Exercised out of time – Creditor precluded from relying on a time bar or abuse of rights. Joined Cases C-33/20, C-155/20 and C-187/20.
- ECLI identifier
- ECLI:EU:C:2021:629
- Advocate General
- Hogan
15/07/2021
CASE BROUGHT
- Title
- Case C-33/20: Request for a preliminary ruling from the Landgericht Ravensburg (Germany) lodged on 23 January 2020 — UK v Volkswagen Bank GmbH
11/05/2020