12.10.2020

Official Journal of the European Union

C 339/3

(Case C-337/20)

(2020/C 339/04)

Language of the case: French

Referring court

Parties to the main proceedings

Applicants: DM, LR

Defendant: Caisse régionale de Crédit agricole mutuel (CRCAM) Alpes-Provence

Questions referred

1.Is Article 58 of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market, amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC, (1) to be interpreted as establishing a liability regime for unauthorised or incorrectly executed payment transactions made by payment service providers, precluding any action under the ordinary rules of civil liability in respect of the same acts for breach by that provider of the obligations imposed on him or her by national law, in particular where the payment service user fails to inform the payment service provider of the unauthorised or incorrectly executed payment transaction within 13 months of the date of debit?

2.If the answer to the first question is in the affirmative, does that same article preclude the payment service user’s guarantor from invoking the ordinary rules of civil liability in respect of the same facts against the payment service provider, beneficiary of the guarantee, in order to challenge the amount of the secured debt?

(1)

OJ 2007 L 319, p. 1.

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Language of the case: French