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Case C-375/15: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 15 July 2015 — BAWAG PSK Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse AG v Verein für Konsumenteninformation
ECLI:EU:UNKNOWN:62015CN0375
62015CN0375
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Valentina R., lawyer
26.10.2015
Official Journal of the European Union
C 354/12
(Case C-375/15)
(2015/C 354/15)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: BAWAG PSK Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse AG
Respondent: Verein für Konsumenteninformation
Questions referred
1.Is Article 41(1) in conjunction with Article 36(1) of Directive 2007/64/EC (1) on payment services in the internal market (‘the Payment Services Directive’) to be interpreted as meaning that information (in electronic format) transmitted by the bank to the e-mail inbox of the customer as part of online banking (eBanking), so that the customer can retrieve this information by clicking on it after logging in to the eBanking website, has been provided on a durable medium?
If the answer to Question 1 is in the negative: Is Article 41(1) in conjunction with Article 36(1) of the Payment Services Directive to be interpreted as meaning that in such a case
(a)the information from the bank is indeed provided on a durable medium, but not notified to the customer, merely made accessible to him, or
(b)all that happens is that the information is made accessible without the use of a durable medium?
Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC (OJ 2007 L 319, p. 1).
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