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Joined Cases C-38/21, C-47/21, and C-232/21, BMW Bank and Others: Judgment of the Court (Grand Chamber) of 21 December 2023 (requests for a preliminary ruling from the Landgericht Ravensburg — Germany) — VK (C-38/21), F. F. (C-47/21), CR, AY, ML, BQ (C-232/21) v BMW Bank GmbH (C-38/21), C. Bank AG (C-47/21), Volkswagen Bank GmbH, Audi Bank (C-232/21) (Reference for a preliminary ruling — Consumer protection — Leasing agreement for a motor vehicle without an obligation to purchase — Directive 2008/48/EC — Article 2(2)(d) — Concept of a leasing agreement without an obligation to purchase the object of the agreement — Directive 2002/65/EC — Article 1(1) and Article 2(b) — Concept of a contract for financial services — Directive 2011/83/EU — Article 2(6) and Article 3(1) — Concept of a service contract — Article 2(7) — Concept of a distance contract — Article 2(8) — Concept of an off-premises contract — Article 16(l) — Exception from the right of withdrawal in respect of the provision of car rental services — Credit agreement for the purchase of a motor vehicle — Directive 2008/48 — Article 10(2) — Requirements relating to the information that must be stated in the agreement — Presumption of compliance with the obligation to provide information in the case of use of a statutory information model — Absence of horizontal direct effect of a directive — Article 14(1) — Right of withdrawal — Start of the withdrawal period in the event of incomplete or incorrect information — Abusive nature of the exercise of the right of withdrawal — Time-barring of the right of withdrawal — Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement)

CELEX number:
62021CA0038
Form:
Judicial information
Author:
Court of Justice
Date of document:
21/12/2023

Case C-755/22, Nárokuj: Judgment of the Court (Third Chamber) of 11 January 2024 (request for a preliminary ruling from the Okresní soud Praha-západ — Czech Republic) — Nárokuj s.r.o. v EC Financial Services, a.s. (Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Credit agreements for consumers — Article 8 — Obligation of a creditor to check a consumer’s creditworthiness — Regularisation of a breach due to full performance of the credit agreement — Article 23 — Effective, proportionate and dissuasive penalties — Credit agreement void and creditor’s entitlement to payment of the agreed interest forfeited — No harmful consequences for the consumer — Holding creditors accountable and preventing irresponsible practices when granting credit to consumers)

CELEX number:
62022CA0755
Form:
Judicial information
Author:
Court of Justice
Date of document:
11/01/2024

Case C-677/23, Slovenská sporiteľňa: Request for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 14 November 2023 — A.B. and F.B. v Slovenská sporiteľňa, a.s.

CELEX number:
62023CN0677
Form:
Judicial information
Author:
Court of Justice
Date of document:
14/11/2023

Judgment of the Court (Third Chamber) of 11 January 2024.
Nárokuj s.r.o. v EC Financial Services, a.s.
Request for a preliminary ruling from the Okresní soud Praha-západ.
Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Credit agreements for consumers – Article 8 – Obligation of a creditor to check a consumer’s creditworthiness – Regularisation of a breach due to full performance of the credit agreement – Article 23 – Effective, proportionate and dissuasive penalties – Credit agreement void and creditor’s entitlement to payment of the agreed interest forfeited – No harmful consequences for the consumer – Holding creditors accountable and preventing irresponsible practices when granting credit to consumers.
Case C-755/22.

ECLI identifier: ECLI:EU:C:2024:10

CELEX number:
62022CJ0755
Form:
Judgment
Author:
Court of Justice
Date of document:
11/01/2024

Judgment of the Court (Grand Chamber) of 21 December 2023.
VK and Others v BMW Bank GmbH and Others.
Reference for a preliminary ruling – Consumer protection – Leasing agreement for a motor vehicle without an obligation to purchase – Directive 2008/48/EC – Article 2(2)(d) – Concept of a leasing agreement without an obligation to purchase the object of the agreement – Directive 2002/65/EC – Article 1(1) and Article 2(b) – Concept of a contract for financial services – Directive 2011/83/EU – Article 2(6) and Article 3(1) – Concept of a service contract – Article 2(7) – Concept of a distance contract – Article 2(8) – Concept of an off-premises contract – Article 16(l) – Exception from the right of withdrawal in respect of the provision of car rental services – Credit agreement for the purchase of a motor vehicle – Directive 2008/48 – Article 10(2) – Requirements relating to the information that must be stated in the agreement – Presumption of compliance with the obligation to provide information in the case of use of a statutory information model – Absence of horizontal direct effect of a directive – Article 14(1) – Right of withdrawal – Start of the withdrawal period in the event of incomplete or incorrect information – Abusive nature of the exercise of the right of withdrawal – Time-barring of the right of withdrawal – Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement.
Joined Cases C-38/21, C-47/21 and C-232/21.

ECLI identifier: ECLI:EU:C:2023:1014

CELEX number:
62021CJ0038
Form:
Judgment
Author:
Court of Justice
Date of document:
21/12/2023

Judgment of the Court (Ninth Chamber) of 14 December 2023.
TL and WE v Liquidator of Getin Noble Bank S.A., formerly Getin Noble Bank S.A.
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie.
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Effects of a finding that a term is unfair – Mortgage loan agreement indexed to a foreign currency containing unfair terms concerning the exchange rate – Nullity of that contract – Claims for restitution – Limitation period.
Case C-28/22.

ECLI identifier: ECLI:EU:C:2023:992

CELEX number:
62022CJ0028
Form:
Judgment
Author:
Court of Justice
Date of document:
14/12/2023

Judgment of the Court (First Chamber) of 7 December 2023.
UF and AB v Land Hessen.
Requests for a preliminary ruling from the Verwaltungsgericht Wiesbaden.
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(a) – Principle of ‘lawfulness’ – Point (f) of the first subparagraph of Article 6(1) – Necessity of processing for the purposes of the legitimate interests pursued by the controller or by a third party – Article 17(1)(d) – Right to erasure where personal data have been unlawfully processed – Article 40 – Codes of conduct – Article 78(1) – Right to an effective judicial remedy against a supervisory authority – Decision taken by the supervisory authority on a complaint – Scope of judicial review of that decision – Credit information agencies – Storage of data from a public register relating to the discharge of remaining debts in favour of a person – Storage period.
Joined Cases C-26/22 and C-64/22.

ECLI identifier: ECLI:EU:C:2023:958

CELEX number:
62022CJ0026
Form:
Judgment
Author:
Court of Justice
Date of document:
07/12/2023

Case C-326/22, Z. (Right to obtain a duplicate of a credit agreement): Judgment of the Court (Tenth Chamber) of 12 October 2023 (request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie — Poland) — Z. sp. z o.o. v A. S.A. (Reference for a preliminary ruling — Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Article 16(1) — Contractual rights and obligations — Early repayment — Reduction in the total cost of the credit for consumers — Loss of a copy of the agreement — Right to obtain a duplicate of the agreement from the creditor)

CELEX number:
62022CA0326
Form:
Judicial information
Author:
Court of Justice
Date of document:
12/10/2023

Judgment of the Court (Fourth Chamber) of 9 November 2023.
SP and CI v Všeobecná úverová banka a.s.
Request for a preliminary ruling from the Krajský súd v Prešove.
Reference for a preliminary ruling – Unfair terms in consumer contracts – Consumer credit contract – Directive 93/13/EEC – Article 1(2) – Term reflecting a mandatory statutory provision – Article 3(1), Article 4(1), Article 6(1) and Article 7(1) – Acceleration clause – Judicial review – Proportionality with regard to the consumer breaches of contract – Articles 7 and 38 of the Charter of Fundamental Rights of the European Union – Contract secured by a charge on immovable property – Extrajudicial sale of the consumer’s home.
Case C-598/21.

ECLI identifier: ECLI:EU:C:2023:845

CELEX number:
62021CJ0598
Form:
Judgment
Author:
Court of Justice
Date of document:
09/11/2023

Case C-409/23, Arvato Finance: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 4 July 2023 — Arvato Finance BV v MI

CELEX number:
62023CN0409
Form:
Judicial information
Author:
Court of Justice
Date of document:
04/07/2023
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Domain: All, Subdomain: Case-law, Documents mentioning: 32008L0048, Search language: English, Include case-law summaries: True