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Case C-127/15: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 12 March 2015 — Verein für Konsumenteninformation v INKO, Inkasso GmbH
ECLI:EU:UNKNOWN:62015CN0127
62015CN0127
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Valentina R., lawyer
22.6.2015
Official Journal of the European Union
C 205/13
(Case C-127/15)
(2015/C 205/18)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Verein für Konsumenteninformation
Respondent: INKO, Inkasso GmbH
Questions referred
1.Is a debt collection agency that offers instalment agreements in connection with the professional recovery of debts on behalf of its client and that charges fees for this service that are ultimately to be borne by the debtors operating as a ‘credit intermediary’ within the meaning of Article 3(f) 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 (1)?
2.If Question 1 is answered in the affirmative: Is an instalment agreement entered into between a debtor and his creditor through the intermediation of a debt collection agency a ‘deferred payment, free of charge’ within the meaning of Article 2(2)(j) of Directive 2008/48 if the debtor only undertakes therein to pay the outstanding debt and such interest and costs as he would have incurred by law in any case as a result of his default — in other words, even in the absence of such an agreement?
(1) OJ 2008 L 133, p. 66.
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Language of the case: German