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Case C-694/17: Judgment of the Court (Third Chamber) of 2 May 2019 (request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg — Luxembourg) — Pillar Securitisation Sàrl v Hildur Arnadottir (Reference for a preliminary ruling — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Lugano II Convention — Article 15 — Contract concluded by a consumer — Relationship with Directive 2008/48/EC — Consumer credit agreements — Articles 2 and 3 — Concepts of ‘consumer’ and of ‘transactions covered by the directive’ — Maximum amount of credit — Irrelevant for the purposes of Article 15 of the Lugano II Convention)
ECLI:EU:UNKNOWN:62017CA0694
62017CA0694
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Official Journal of the European Union
C 220/5
(Case C-694/17) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Lugano II Convention - Article 15 - Contract concluded by a consumer - Relationship with Directive 2008/48/EC - Consumer credit agreements - Articles 2 and 3 - Concepts of ‘consumer’ and of ‘transactions covered by the directive’ - Maximum amount of credit - Irrelevant for the purposes of Article 15 of the Lugano II Convention)
(2019/C 220/06)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Pillar Securitisation Sàrl
Defendant: Hildur Arnadottir
Operative part of the judgment
Article 15 of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed on 30 October 2007, which was approved on behalf of the Community by Council Decision 2009/430/EC of 27 November 2008, must be interpreted as meaning that, for the purposes of ascertaining whether a credit agreement is a credit agreement concluded by a ‘consumer’ within the meaning of Article 15, it must not be determined whether the agreement falls within the scope of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, in the sense that the total cost of credit in question does not exceed the ceiling set out in Article 2(2)(c) of that directive, and that it is irrelevant, in that regard, that the national law transposing that directive does not provide for a higher ceiling.
(<span class="note">1</span>) OJ C 63, 19.2.2018.
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Language of the case: French