24.1.2022

Official Journal of the European Union

C 37/11

(Case C-617/21)

(2022/C 37/16)

Language of the case: German

Referring court

Parties to the main proceedings

Applicants: RU, PO

Defendants: Nissan Leasing, Volkswagen Leasing GmbH

Questions referred

1.Do mileage-based leasing agreements for motor vehicles with a term of approximately 2 years or more which exclude the ordinary right of termination and under which the consumer has to take out civil liability and fully comprehensive insurance for the vehicle, must also assert defect-related rights against third parties (in particular the vehicle dealer and manufacturer) and, moreover, bears the risk of loss, damage and other impairment, fall within the scope of Directive 2011/83/EU (1) and/or Directive 2008/48/EC (2) and/or Directive 2002/65/EC? (3) Are they credit agreements within the meaning of Article 3(c) of Directive 2008/48 and/or contracts relating to financial services within the meaning of Article 2(12) of Directive 2011/83 and Article 2(b) of Directive 2002/65?

If mileage-based leasing agreements for motor vehicles (as described in Question 1) are contracts relating to financial services:

a)Are business premises of a person who prepares the ground for transactions with consumers on behalf of the trader but who does not himself have any power of representation to conclude the contracts in question also to be regarded as immovable business premises for the purposes of Article 2(9) of Directive 2011/83?

If so:

b)Does that also apply where the person who prepares the ground for the contract carries out a business activity in another sector and/or is not authorised under supervisory and/or civil law to conclude contracts relating to financial services?

If either Question 2(a) or Question 2(b) is answered in the negative:

Is Article 16(l) of Directive 2011/83 to be interpreted as meaning that mileage-based leasing agreements for motor vehicles (as described in Question 1) are covered by that exception?

If mileage-based leasing agreements for motor vehicles (as described in Question 1) are contracts relating to financial services:

a)Does a distance contract within the meaning of Article 2(a) of Directive 2002/65 and Article 2(7) of Directive 2011/83 exist also where the only personal contact during contractual negotiations was with a person who prepares the ground for transactions with consumers on behalf of the trader but does not personally have any power of representation to conclude the contracts in question?

If not:

b)Does that also apply where the person who prepares the ground for the contract carries out a business activity in another sector and/or is not authorised under supervisory and/or civil law to conclude contracts relating to financial services?

(1) 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).

(2) 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).

(3) 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/EEC and 98/27/EEC.