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Case C-463/22: Request for a preliminary ruling from the Oberlandesgerichts München (Germany) lodged on 12 July 2022 — DP v BMW Bank GmbH
ECLI:EU:UNKNOWN:62022CN0463
62022CN0463
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Official Journal of the European Union
C 380/5
(Case C-463/22)
(2022/C 380/07)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: DP
Defendant: BMW Bank GmbH
Questions referred
1.Does a distance contract within the meaning of Article 2(a) of Directive 2002/65/EC (1) and point 7 of Article 2 of Directive 2011/83/EU (2) exist where the only personal contact during contractual negotiations was with a credit intermediary who initiates transactions with consumers for and on behalf of the trader but does not personally have any power of representation to conclude the contracts in question?
2.Does an off-premises contract within the meaning of points 8 and 9 of Article 2 of Directive 2011/83 exist where the contractual negotiations take place on the premises of a credit intermediary who initiates transactions with consumers for and on behalf of the trader but does not personally have any power of representation to conclude the contracts in question?
3.Do mileage-based motor vehicle leasing agreements concluded with a consumer constitute contracts for financial services within the meaning of Article 2(b) of Directive 2002/65/EC, now incorporated in point 12 of Article 2 of Directive 2011/83/EU?
* Language of the case: English.
(1) Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ 2002 L 271, p. 16).
(2) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ 2011 L 304, p. 64).