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Case C-594/21: Request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main (Germany) lodged on 27 September 2021 — VB v Sixt Leasing SE
ECLI:EU:UNKNOWN:62021CN0594
62021CN0594
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Valentina R., lawyer
6.12.2021
EN
Official Journal of the European Union
C 490/23
(Case C-594/21)
(2021/C 490/23)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: VB
Defendant: Sixt Leasing SE
Questions referred
1.Do mileage-based motor vehicle leasing agreements with a term of 48 months that are concluded with a consumer constitute ‘car rental services’, and are they therefore covered by the exception from a right of withdrawal under the law on distance selling set out in Article 16(l) of Directive 2011/83/EU? (1)
If Question 1 is answered in the negative:
2.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, (2) now incorporated in point 12 of Article 2 of Directive 2011/83/EU?
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).
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).