Judgment_paragraph 285 · VK and Others v BMW Bank GmbH and Others (C-38/21)

285As is clear from the Court’s case-law, proof of an abusive practice requires, first, a combination of objective circumstances in which, despite formal observance of the conditions laid down by the EU rules, the purpose of those rules has not been achieved and, second, a subjective element consisting in the intention to obtain an advantage from the EU rules by artificially creating the conditions laid down for obtaining it (judgments of 26 February 2019, T Danmark and Y Denmark, C‑116/16 and C‑117/16, EU:C:2019:135, paragraph 97 and the case-law cited, and of 9 September 2021, Volkswagen Bank and Others, C‑33/20, C‑155/20 and C‑187/20, EU:C:2021:736, paragraph 122).