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Case C-301/18: Judgment of the Court (Sixth Chamber) of 4 June 2020 (request for a preliminary ruling from the Landgericht Bonn — Germany) — Thomas Leonhard v DSL-Bank — a branch of DB Privat- und Firmenkundenbank AG (Reference for a preliminary ruling — Consumer protection — Directive 2002/65/EC — Distance loan agreement — Right of withdrawal — Consequences — Article 7(4) — Return of the services received — Payment of compensation for benefit of use — Supplier’s obligation — Precluded)
ECLI:EU:UNKNOWN:62018CA0301
62018CA0301
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10.8.2020
Official Journal of the European Union
C 262/2
(Case C-301/18) (*)
(Reference for a preliminary ruling - Consumer protection - Directive 2002/65/EC - Distance loan agreement - Right of withdrawal - Consequences - Article 7(4) - Return of the services received - Payment of compensation for benefit of use - Supplier’s obligation - Precluded)
(2020/C 262/02)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Thomas Leonhard
Defendant: DSL-Bank — a branch of DB Privat- und Firmenkundenbank AG
Operative part of the judgment
Article 7(4) of 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 must be interpreted as meaning that, where a consumer exercises his or her right to withdraw from a distance loan agreement concluded with a supplier, that consumer has the right to receive from that supplier, subject to certain sums which the consumer himself or herself is required to pay to the supplier under the conditions laid down in Article 7(1) and (3) of that directive, the principal repaid and the interest paid under that agreement, but does not have the right to receive compensation for the benefit of use of that principal and that interest.
(*) Language of the case: German.