Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/08/2016

Subject: The Court affirmed that Directive 2008/48/EC on credit agreements for consumers must be interpreted as meaning that a credit rescheduling agreement, which is concluded, following the consumer’s default, between that consumer and the lender through a debt collection agency, is not agreed to ‘free of charge’ where, by that agreement, the consumer undertakes to repay the total amount of that credit and to pay interest and costs that were not provided for by the initial contract under which that credit was granted. Moreover, the Court affirmed that a debt collection agency which concludes, on behalf of a lender, a rescheduling agreement for an unpaid credit, but which acts as a credit intermediary only in an ancillary capacity must be regarded as being a ‘credit intermediary’ and is not subject to the obligation to provide the consumer with pre-contractual information under that directive

Parties: Verein für Konsumenteninformation

Classification: Solidarity - Art. 38 Consumer protection

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