Judgment of the Court (First Chamber) of 23 April 2009 (reference for a preliminary ruling from the Tribunale di Bergamo (Italy)) — Luigi Scarpelli v NEOS Banca SpA

(Case C-509/07) (1)

(Directive 87/102/EEC - Consumer protection - Consumer credit - Breach of contract of sale)

2009/C 141/21

Language of the case: Italian

Referring court

Tribunale di Bergamo

Parties to the main proceedings

Applicant: Luigi Scarpelli

Defendant: NEOS Banca SpA

Re:

Reference for a preliminary ruling — Tribunale di Bergamo — Interpretation of Article 11(2) of Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ 1987 L 42, p. 48) — Consumer credit — Right of the consumer to pursue remedies against the grantor of credit for breach of the contract of sale relating to the goods financed by the credit

Operative part of the judgment

Article 11(2) of Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit is to be interpreted as meaning that, in a situation such as that in the main proceedings, an agreement between a supplier and a grantor of credit whereunder credit is made available exclusively by that grantor of credit to customers of that supplier is not a necessary condition for the right of those customers to pursue remedies against the grantor of credit — where the supplier is in breach of contract — in order to obtain the termination of the credit agreement and the subsequent reimbursement of the sums already paid to the grantor of credit.

(1)  OJ C 37, 9.2.2008.