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Case C-766/22: Request for a preliminary ruling from the Amtsgericht München (Germany) lodged on 16 December 2022 — WD v Allane SE
ECLI:EU:UNKNOWN:62022CN0766
62022CN0766
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Valentina R., lawyer
27.3.2023
Official Journal of the European Union
C 112/23
(Case C-766/22)
(2023/C 112/30)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: WD
Defendant: Allane SE
Questions referred
1.Do mileage-dependent leasing contracts entered into with a consumer in respect of a motor vehicle for a term of 24 months constitute ‘car rental services’, meaning that they fall within the scope of the exception from the right of withdrawal under distance marketing law as set out in Article 16(l) of Directive 2011/83/EU? (1)
2.If Question 1 is answered in the negative: Do mileage-dependent leasing contracts entered into with a consumer in respect of a motor vehicle constitute contracts for financial services within the meaning of Article 2(b) of Directive 2002/65/EC, (2) which was reproduced by Article 2(12) of Directive 2011/83?
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).
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Language of the case: German