Judgment_paragraph 265 · VK and Others v BMW Bank GmbH and Others (C-38/21)

265Accordingly, it must be held that, where information provided by the creditor to the consumer under Article 10(2) of Directive 2008/48 proves to be incomplete or incorrect, the withdrawal period starts to run only if the incomplete or incorrect nature of that information is not capable of affecting the consumer’s ability to assess the extent of his or her rights and obligations under that directive or his or her decision to conclude the contract and, where relevant, is not capable of depriving him or her of the possibility of exercising his or her rights, in essence, under the same conditions as would have prevailed if that information had been provided in a complete and correct manner (see, to that effect and by analogy, judgments of 9 November 2016, Home Credit Slovakia, C‑42/15, EU:C:2016:842, paragraph 72, and of 19 December 2019, Rust-Hackner and Others, C‑355/18 to C‑357/18 and C‑479/18, EU:C:2019:1123, paragraph 81). It is for the referring court to determine that point.