Thursday 21st December 2023
Judgment in Joined Cases C-38/21 BMW Bank – C-47/21 C. Bank and Bank D. K. – C-232/21 Volkswagen Bank and Audi Bank
(Consumer protection)
Some consumers claimed before the Ravensburg Regional Court, in Germany that they had validly withdrawn from leasing or credit contracts concluded with banks linked to car manufacturers (BMW Bank, Volkswagen Bank and Audi Bank). These contracts related, respectively, to the leasing of a car with no obligation to purchase, and the financing of a used car.
In the case of the leasing contract, the consumer had visited a car dealership authorised to provide information on the contract, which was then concluded directly between the consumer and the bank by means of remote communication.
In the case of the credit contracts, the dealers acted as intermediaries for the banks.
All these consumers withdrew several months or even years after concluding the contract, although one of them made use of his right of withdrawal once the credit had been repaid in full. In their view, the 14-day withdrawal period provided for under EU law did not begin to run, because they had not been sufficiently informed of their rights and obligations when the contract was concluded.
The banks argue that, in any case, a withdrawal after such a long time must be qualified as abusive. The Ravensburg Regional Court referred this issue to the Court of Justice for its interpretation of the banks’ argument.
Widerruf von Autoleasing- bzw. –kreditvertrag
Das Landgericht Ravensburg hat darüber zu entscheiden, ob verschiedene Autokäufer bzw. Leasingnehmer ihre Verbraucherleasing- bzw. ‑kreditverträge wirksam widerrufen haben.
Es möchte in diesem Zusammenhang vom Gerichtshof zum einen wissen, ob nach dem Unionsrecht einem Verbraucher, der über einen Autohändler einen Leasingvertrag mit Kilometerabrechnung geschlossen hat, überhaupt ein Widerrufsrecht zustehen kann.
Zum anderen möchte es wissen, wie lange das Widerrufsrecht besteht, wenn man beim Abschluss eines solchen Leasingvertrags oder eines Autokreditvertrags nicht ordnungsgemäß über das Widerrufsrecht belehrt wurde.
Ferner fragt es danach, wann eine Belehrung ordnungsgemäß ist und ob die Widerrufsmöglichkeit irgendwann wegen Verwirkung oder missbräuchlicher Ausübung endet.
Generalanwalt Collins hat seine Schlussanträge am 16. Februar 2023 vorgelegt
Weitere Informationen C- 47/21
Weitere Informationen C-232/21
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