Official Journal of the European Union

C 235/8

(Case C-143/23, Mercedes-Benz Bank and Volkswagen Bank)

(2023/C 235/12)

Language of the case: German

Referring court

Parties to the main proceedings

Applicants: TJ, KI, FA

Defendants: Mercedes-Benz Bank AG, Volkswagen Bank GmbH

Questions referred

1.Is it compatible with EU law, in particular Article 14(1) of Directive 2008/48/EC, (1) if, in the case of withdrawal from a consumer credit agreement linked to a vehicle sales agreement concluded with a brick-and-mortar trader, the amount of compensation for the diminished value to be paid by the consumer to the creditor on return of the vehicle financed is calculated by deducting from the trader’s sales price at the time of purchase of the vehicle by the consumer the trader’s purchase price at the time of the return of the vehicle?

2.Is the first sentence of Article 14(3)(b) of Directive 2008/48/EC fully harmonised, and therefore binding on the Member States, as regards consumer credit agreements which are linked to an agreement for the sale of a vehicle? If question 2 is answered in the negative:

3.Is it compatible with EU law, in particular Article 14(1) of Directive 2008/48/EC, if, following withdrawal from a consumer credit agreement linked to a vehicle sales agreement, the borrower is obliged to pay interest at the contractually agreed borrowing rate to the creditor (or to the seller) for the period between the payment of the loan to the seller of the vehicle being financed and the time when the vehicle is returned?

(1) 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 (OJ 2008 L 133, p. 66).