14.11.2022

Official Journal of the European Union

C 432/8

(Case C-536/22)

(2022/C 432/10)

Language of the case: German

Referring court

Parties to the main proceedings

Applicants: MW, CY

Defendant: VR Bank Ravensburg-Weingarten eG

Questions referred

1.Must the concept of ‘fair and objective compensation … for possible costs directly linked to the early repayment’ in Article 25(3) of Directive 2014/17/EU (1) be interpreted as meaning that the compensation also covers the creditor’s loss of profit, in particular the future interest payments lost as a result of the early repayment?

2.If Question 1 is answered in the affirmative: Does EU law, specifically Article 25(3) of Directive 2014/17/EU, contain guidelines for the calculation of the income which the creditor receives from its reinvestment of a consumer loan relating to immovable property which has been repaid early — income to be taken into account in the context of loss of profit — and if so, what are those guidelines? In particular:

(a)Must the national rules for that calculation be linked to the manner in which the creditor actually uses the amount which was repaid early?

(b)May a national rule allow the creditor to calculate the compensation for early repayment on the basis of a notional reinvestment in safe capital market securities with maturities corresponding to the term of the credit agreement (‘asset/liability method’)?

3.Does the scope of Article 25 of Directive 2014/17/EU also cover the case where the consumer first terminates a consumer credit agreement relating to immovable property on the basis of a right of termination provided for by the national legislature before repaying the loan to the creditor early?

(1) Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ 2014 L 60, p. 34).