Official Journal of the European Union

C series

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C/2024/7149

(Case C-409/23,

Riverty)

(Reference for a preliminary ruling - Consumer protection - Directive 2008/48/EC - Scope - Credit agreements for consumers - Exceptions - Article 2(2)(f) - Interest-free credit agreements without other charges or providing for negligible charges - Deferred payment service ‘Buy now, pay later’ - Late payment - Default interest and out-of-court collection costs)

(C/2024/7149)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Riverty GmbH, legal successor of Arvato Finance BV

Defendant: MI

Operative part of the judgment

Article 2(2)(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

must be interpreted as meaning that save where the creditor anticipates, from the time the credit agreement is concluded, the non-performance by the consumer of the payment obligation in order to seek a financial advantage, the default interest and the out-of-court collection costs which a consumer is liable to pay in the event of late payment or non-performance of his or her payment obligation under a credit agreement do not fall within the concepts of ‘interest’ and ‘other charges’, within the meaning of that provision, irrespective, in principle, of whether such interest and other charges are statutory or contractual in origin and of whether, as the case may be, such interest and other charges arising under an agreement are greater than would be payable by law.

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ELI: http://data.europa.eu/eli/C/2024/7149/oj

ISSN 1977-091X (electronic edition)

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Language of the case: Dutch.

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