Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 30 November 2011 - T-Mobile Austria GmbH v Verein für Konsumenteninformation
(Case C-616/11)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Appellant on a point of law: T-Mobile Austria GmbH
Respondent on a point of law: Verein für Konsumenteninformation
Questions referred
1. Is Article 52(3) of Directive 2007/64/EC to be interpreted as meaning that it is also applicable to the contractual relationship between a mobile phone operator, as payee, and that operator's private customer (the consumer), as payer?
2. Are a cash payment form signed by the payer in person and/or the procedure for ordering transfers based on a signed cash payment form and the agreed procedure for ordering transfers through online banking (telebanking) to be regarded as 'payment instruments' within the meaning of Article 4.23 and Article 52(3) of Directive 2007/64/EC?
3. Is Article 52(3) of Directive 2007/64/EC to be interpreted as precluding the application of provisions of national law which prohibit a payee from levying charges in general and from levying different charges for different payment instruments in particular?
____________1 - Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market, amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC (OJ 2007 L 319, p. 1).