CJEU on the difference between making information available and providing it on a durable medium
The Court of Justice of the European Union in its judgement of 25 January 2017 in case C-375/15 ruled that providing a payment service user with information on changes of a terms of the contract through the dedicated electronic mailbox of an online banking website may not be considered to have been provided on a durable medium. In the event of the payment service user being obliged to consult such a website in order to become aware of the relevant information, that information is merely made available to that user.
The judgement of the Court was issued at the request for a preliminary ruling from the Supreme Court of Austria in the proceedings BAWAG PSK Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse AG vs. Verein für Konsumenteninformation (the Association). The court dispute concerned the term provided in the contracts concluded by the bank with consumers, on the use of the online banking website "e-banking".