Request for a preliminary ruling from the Landgericht Itzehoe (Germany) lodged on 23 July 2015 — Raiffeisen Privatbank Liechtenstein AG v Gerhild Lukath
(Case C-397/15)
Language of the case: German
Referring court
Landgericht Itzehoe
Parties to the main proceedings
Applicant: Raiffeisen Privatbank Liechtenstein AG
Defendant: Gerhild Lukath
Other parties to the proceedings: Rüdiger Boy, Boy Finanzberatung GmbH, Christian Maibaum, Vienna-Life Lebensversicherungs AG, Frank Weber
Questions referred
1. Is the agreement between a bank and a consumer for the granting of credit, which is linked to an agreement to take out life assurance and an agreement for advising on and brokering a capital investment, which in turn serves as security for the credit amount, to be regarded as a contract for the supply of services within the meaning of Article 5(2) of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations? 1
2. Is Article 5(2) of the Rome Convention also applicable to cases in which advertising comes and/or contact is made from a county in which the consumer has his main place of residence, although he signs the agreements at his secondary place of residence, if the other party to the agreements or his agent received the consumer’s order in the State of the main place of residence?
____________1 OJ 1980 L 266, p. 1.