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Case C-33/20: Request for a preliminary ruling from the Landgericht Ravensburg (Germany) lodged on 23 January 2020 — UK v Volkswagen Bank GmbH
ECLI:EU:UNKNOWN:62020CN0033
62020CN0033
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Valentina R., lawyer
11.5.2020
Official Journal of the European Union
C 161/27
(Case C-33/20)
(2020/C 161/36)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: UK
Defendant: Volkswagen Bank GmbH
Questions referred
1.Is Article 10(2)(l) 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 (1) to be interpreted as meaning that the credit agreement
(a)must specify the interest rate applicable in the case of late payments as applicable at the time of the conclusion of the credit agreement as an absolute number or, at the very least, the current reference interest rate (in this case the base rate in accordance with Paragraph 247 of the Bürgerliches Gesetzbuch (Civil Code)), from which the interest rate applicable in the case of late payments is obtained by adding a premium (in this case of five percentage points in accordance with Paragraph 288(1), second sentence, of the BGB), as an absolute number; and
(b)must explain the specific arrangements for adjustment of the interest rate applicable in the case of late payments or, at the very least, must reference the national standards from which such arrangements follow (Paragraph 247 and Paragraph 288(1), second sentence, of the BGB)?
2.Is Article 10(2)(r) of Directive 2008/48/EC to be interpreted as meaning that the credit agreement must specify a particular method that the consumer can understand for calculating the compensation payable in the event of early repayment of the loan, so that the consumer can calculate at least approximately the compensation payable in the event of early termination?
3.Is Article 10(2)(s) of Directive 2008/48/EC to be interpreted as meaning that the credit agreement
(a)must also specify the parties’ rights of termination of the credit agreement regulated under national law, including in particular the borrower’s right of termination with good cause under Paragraph 314 of the BGB, in the case of fixed-term loan agreements; and
(b)must indicate the time limit for and form of the declaration of termination prescribed for the purpose of exercising the right of termination for all rights of termination of the parties to the credit agreement?
(1) OJ 2008 L 133, p. 66.