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Case C-28/18: Judgment of the Court (Fifth Chamber) of 5 September 2019 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Verein für Konsumenteninformation v Deutsche Bahn AG (Reference for a preliminary ruling – Technical and business requirements for credit transfers and direct debits in euro – Regulation (EU) No 260/2012 – Single euro payments area (SEPA) – Payment by direct debit – Article 9(2) – Accessibility of payments – Residence condition)
ECLI:EU:UNKNOWN:62018CA0028
62018CA0028
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11.11.2019
Official Journal of the European Union
C 383/15
(Case C-28/18) (*)
(Reference for a preliminary ruling - Technical and business requirements for credit transfers and direct debits in euro - Regulation (EU) No 260/2012 - Single euro payments area (SEPA) - Payment by direct debit - Article 9(2) - Accessibility of payments - Residence condition)
(2019/C 383/14)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Verein für Konsumenteninformation
Respondent: Deutsche Bahn AG
Operative part of the judgment
Article 9(2) of Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 must be interpreted as precluding a contractual clause, such as that at issue in the main proceedings, which excludes payment by direct debit in euros under the European Union-wide direct debit scheme (SEPA direct debit) where the payer does not have his place of residence in the same Member State as that in which the payee has established his place of business.
(*) Language of the case: German.
(2019/C 383/14)
* * *
ECLI:EU:C:2019:140