Bayerische Hypotheken- und Wechselbank AG v Edgard Dietzinger.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:1998:111
• Date: 17 March 1998
• Celex Number: 61996CJ0045
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: C-45/96

Avis juridique important

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61996J0045

Judgment of the Court (Fifth Chamber) of 17 March 1998. - Bayerische Hypotheken- und Wechselbank AG v Edgard Dietzinger. - Reference for a preliminary ruling: Bundesgerichtshof - Germany. - Protection of the consumer in respect of contracts negotiated away from business premises - Guarantees. - Case C-45/96.

European Court reports 1998 Page I-01199

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

Approximation of laws - Protection of the consumer in respect of contracts negotiated away from business premises - Directive 85/577 - Scope - Contract of guarantee for the repayment of a debt contracted by a person acting within the course of his trade or profession - Excluded

(Council Directive 85/577, Art. 2, first indent)

Summary

On a proper construction of the first indent of Article 2 of Directive 85/577 to protect the consumer in respect of contracts negotiated away from business premises, which defines a `consumer' for the purposes of the directive, a contract of guarantee concluded by a natural person who is not acting in the course of his trade or profession does not come within the scope of the directive where it guarantees repayment of a debt contracted by another person who, for his part, is acting within the course of his trade or profession.

In that connection, although it cannot be excluded that the directive applies to a contract of guarantee, it is apparent from the wording of Article 1 thereof and from the ancillary nature of guarantees that the directive covers only a guarantee ancillary to a contract whereby, in the context of `doorstep selling', a consumer assumes obligations towards the trader with a view to obtaining goods or services from him. Furthermore, since the directive is designed to protect only consumers, a guarantee comes within the scope of the directive only where, in accordance with the first indent of Article 2, the guarantor has entered into a commitment for a purpose which can be regarded as unconnected with his trade or profession.

Parties

In Case C-45/96,

REFERENCE to the Court under Article 177 of the EC Treaty by the Bundesgerichtshof (Germany) for a preliminary ruling in the proceedings pending before that court between

Bayerische Hypotheken- und Wechselbank AG

and

Edgar Dietzinger

on the interpretation of Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ 1985 L 372, p. 31),

THE COURT

(Fifth Chamber),

composed of: M. Wathelet, President of the First Chamber, acting for the President of the Fifth Chamber, J.C. Moitinho de Almeida, D.A.O. Edward, P. Jann and L. Sevón (Rapporteur), Judges,

Advocate General: F.G. Jacobs,

Registrar: H.A. Rühl, Principal Administrator,

after considering the written observations submitted on behalf of:

- Mr Dietzinger, by Eberhard Bubb, Rechtsanwalt, Landshut,

- the German Government, by Alfred Dittrich, Regierungsdirektor in the Federal Ministry of Justice, and Bernd Kloke, Oberregierungsrat in the Federal Ministry of Economic Affairs, acting as Agents,

- the Belgian Government, by Jan Devadder, General Adviser in the Ministry of Foreign Affairs, Trade and Cooperation with Developing Countries, acting as Agent,

- the French Government, by Catherine de Salins, Head of Subdirectorate in the Legal Affairs Directorate of the Ministry of Foreign Affairs, and Régine Loosli-Surrans, Chargée de Mission in the same Directorate, acting as Agents,

- the Finnish Government, by Tuula Pynnä, Legal Adviser in the Ministry of Foreign Affairs, acting as Agent,

- the Commission of the European Communities, by Carmel O'Reilly and Ulrich Wölker, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Dietzinger, of the German Government, of the...