Request for a preliminary ruling from the Landgericht Kiel (Germany) lodged on 12 October 2018 — KH v Sparkasse Südholstein

(Case C-639/18)

Language of the case: German

Referring court

Landgericht Kiel

Parties to the main proceedings

Applicant: KH

Defendant: Sparkasse Südholstein

Questions referred

Within the meaning of Article 2(a) of Directive 2002/65/EC 1 , is a contract concluded ‘under an organised distance sales or service-provision scheme run by the supplier’, by means of which an existing loan agreement is amended solely with regard to the interest rate agreed (follow-up interest agreement), if a branch bank concludes loan agreements for the purpose of financing an immovable property secured by mortgage only at its commercial premises, but in ongoing business dealings concludes contracts to amend loan agreements that have already been agreed in some cases also by making exclusive use of means of distance communication?

Does a ‘contract concerning financial services’ within the meaning of Article 2(a) of Directive 2002/65/EC exist if an existing loan agreement is amended solely with regard to the agreed interest rate (follow-up interest agreement), without extending the term of the loan or altering the amount of the loan?

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1     Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ 2002 L 271, p. 16).