Judgment
Case C-602/10
Decision:
"On those grounds, the Court (Fourth Chamber) hereby rules:
1. Article 22(1) of 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 must be interpreted as not precluding a national measure designed to transpose that directive into domestic law from including in its material scope credit agreements, such as those at issue in the main proceedings, concerning the grant of credit secured by immovable property, even though such agreements are expressly excluded from the material scope of the directive by virtue of Article 2(2)(a) thereof.
2. Article 30(1) of Directive 2008/48 must be interpreted as not precluding a national measure designed to transpose that directive into domestic law from defining its temporal scope so that the measure also applies to credit agreements, such as those at issue in the main proceedings, which are excluded from the material scope of that directive and were existing on the date when that national measure entered into force.
3. Article 22(1) of Directive 2008/48 must be interpreted as not precluding a national measure designed to transpose that directive into domestic law from imposing on credit institutions obligations not provided for by the directive as regards the types of charges that they may levy in connection with consumer credit agreements falling within the scope of that measure, although such obligations are not provided for by the directive.
4. The rules of the FEU Treaty concerning the freedom to provide services must be interpreted as not precluding a provision of national law that prohibits credit institutions from levying certain bank charges.
5. Article 24(1) of Directive 2008/48 must be interpreted as not precluding a rule forming part of the national measure designed to transpose that directive that, as regards disputes concerning consumer credit, allows consumers to have direct recourse to a consumer protection authority, which may subsequently impose penalties on credit institutions for infringement of that national measure, without having to use beforehand the out-of-court resolution procedures provided for by national legislation for such disputes.!
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