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Case C-630/21: Request for a preliminary ruling from the Oberlandesgericht Stuttgart (Germany) lodged on 13 October 2021 — O.K. v Mercedes-Benz Bank AG
ECLI:EU:UNKNOWN:62021CN0630
62021CN0630
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14.2.2022
Official Journal of the European Union
C 73/6
(Case C-630/21)
(2022/C 73/08)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant and appellant: O.K.
Defendant and respondent: Mercedes-Benz Bank AG
Questions referred
1.Is Article 14 of Directive 2008/48 (1) to be interpreted as meaning that the consumer’s right of withdrawal no longer exists if the credit agreement has been fully performed by both parties?
2.If Question 1. is answered in the negative: Does Article 14 of Directive 2008/48 preclude a rule in the national law of a Member State which has the effect that the consumer’s right of withdrawal can no longer be exercised if the credit agreement has been fully performed by both parties?
3.If Question 1. is answered in the negative and Question 2. in the affirmative: Does Article 14(3) of Directive 2008/48 preclude a rule in the national law of a Member State under which a consumer who has effectively exercised his or her right of withdrawal based on Article 14(1) of Directive 2008/48 has a right to have the creditor surrender the benefits that it has derived from the payments that the consumer has made to it up to the time of withdrawal?
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 (OJ 2008 L 133, p. 66).
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Language of the case: German