6.12.2021   

EN

Official Journal of the European Union

C 490/23


Request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main (Germany) lodged on 27 September 2021 — VB v Sixt Leasing SE

(Case C-594/21)

(2021/C 490/23)

Language of the case: German

Referring court

Oberlandesgericht Frankfurt am Main

Parties to the main proceedings

Applicant: VB

Defendant: Sixt Leasing SE

Questions referred

1.

Do mileage-based motor vehicle leasing agreements with a term of 48 months that are concluded with a consumer constitute ‘car rental services’, and are they therefore covered by the exception from a right of withdrawal under the law on distance selling set out in Article 16(l) of Directive 2011/83/EU? (1)

If Question 1 is answered in the negative:

2.

Do mileage-based motor vehicle leasing agreements concluded with a consumer constitute contracts for financial services within the meaning of Article 2(b) of Directive 2002/65/EC, (2) now incorporated in point 12 of Article 2 of Directive 2011/83/EU?


(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 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/EC and 98/27/EC (OJ 2002 L 271, p. 16).