Romano (Judgment) French Text [2019] EUECJ C-143/18 (11 September 2019)

Romano (Judgment) French Text [2019] EUECJ C-143/18 (11 September 2019)

Article 6(2)(c) of Directive 2002/65/EC, read with Article 1(1) and Recital 13, precludes national law or jurisprudence that allows a consumer to withdraw from a distance financial services contract after full performance by both parties at the consumer's express request. The information obligation under Article...

Source-derived case information.

Citation
[2019] EUECJ C-143/18
Parties
Applicant: Antonio Romano; Applicant: Lidia Romano; Respondent: DSL Bank – établissement de DB Privat- und Firmenkundenbank AG (anciennement DSL Bank – unité opérationnelle de Deutsche Postbank AG)
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment on Preliminary Questions From Landgericht Bonn
Outcome
Preliminary questions answered; national law must conform to Directive 2002/65/EC as interpreted.
Legal Topics
Distance Contracts, Right of Withdrawal, Consumer Credit, Harmonisation of Consumer Protection, Interpretation of Directive 2002/65/ec
European Union Law Consumer Protection Law Banking and Financial Law Distance Contracts Right of Withdrawal Consumer Credit Harmonisation of Consumer Protection Interpretation of Directive 2002/65/ec

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Parties

Antonio Romano

Applicant

Lidia Romano

Applicant

DSL Bank – établissement de DB Privat- und Firmenkundenbank AG (anciennement DSL Bank – unité opérationnelle de Deutsche Postbank AG)

Respondent

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment on Preliminary Questions From Landgericht Bonn

  1. 1 Whether Article 6(2)(c) of Directive 2002/65/EC precludes national law or practice allowing withdrawal after full performance of a distance credit contract at the consumer's express request.
  2. 2 Whether the information obligation under Article 5(1) of Directive 2002/65/EC is satisfied by informing the consumer that the right of withdrawal does not apply after full performance at the consumer's request, even if national law provides otherwise.
  3. 3 Whether the reference consumer is the 'average consumer' as defined by EU law for the purposes of information clarity.

Ratio Decidendi

Article 6(2)(c) of Directive 2002/65/EC, read with Article 1(1) and Recital 13, precludes national law or jurisprudence that allows a consumer to withdraw from a distance financial services contract after full performance by both parties at the consumer's express request. The information obligation under Article 5(1) is satisfied if the consumer is informed that the right of withdrawal does not apply in such a case, even if national law provides otherwise, and the reference consumer is the average consumer as defined by EU law.

Court Disposition

Preliminary questions answered; national law must conform to Directive 2002/65/EC as interpreted.

Orders

  • Article 6(2)(c) of Directive 2002/65/EC precludes national law or jurisprudence allowing withdrawal after full performance at the consumer's express request.
  • Article 5(1) of Directive 2002/65/EC is satisfied by informing the consumer that the right of withdrawal does not apply after full performance at the consumer's request, even if national law provides otherwise.