Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 4 July 2023 – Arvato Finance BV v MI

(Case C-409/23, Arvato Finance)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: Arvato Finance BV

Defendant: MI

Questions referred

Do default interest and out-of-court costs belong to the total cost of the credit to the consumer within the meaning of Article 3(g) of the Consumer Credit Directive ¹ and must they be taken into account in the determination of whether there is a credit agreement where the credit is granted ‘free of interest and without any other charges’ or one under the terms of which ‘only insignificant charges are payable’ within the meaning of Article 2(2)(f) of the Consumer Credit Directive?

Does the answer to Question 1 differ if the default interest and out-of-court costs are payable by law or stipulated by contract? If the default interest and out-of-court costs are stipulated, does it make any difference if that interest and those costs are higher than what would be payable by law in the absence of the stipulation?

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¹ Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008 L 133, p. 66).