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Document 62019CA0485
Case C-485/19: Judgment of the Court (First Chamber) of 22 April 2021 (request for a preliminary ruling from the Krajský súd v Prešove — Slovakia) — LH v Profi Credit Slovakia s.r.o. (Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Credit agreements for consumers — Directive 93/13/EEC — Unfair contract terms — Payment made under an unlawful term — Unjust enrichment of the lender — Right to restitution time-barred — Principles of Union law — Principle of effectiveness — Article 10(2) of Directive 2008/48 — Information to be included in a credit agreement — Elimination of certain national requirements on the basis of the case-law of the Court — Interpretation of the old version of the national legislation in accordance with that case-law — Temporal effects)
Case C-485/19: Judgment of the Court (First Chamber) of 22 April 2021 (request for a preliminary ruling from the Krajský súd v Prešove — Slovakia) — LH v Profi Credit Slovakia s.r.o. (Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Credit agreements for consumers — Directive 93/13/EEC — Unfair contract terms — Payment made under an unlawful term — Unjust enrichment of the lender — Right to restitution time-barred — Principles of Union law — Principle of effectiveness — Article 10(2) of Directive 2008/48 — Information to be included in a credit agreement — Elimination of certain national requirements on the basis of the case-law of the Court — Interpretation of the old version of the national legislation in accordance with that case-law — Temporal effects)
Case C-485/19: Judgment of the Court (First Chamber) of 22 April 2021 (request for a preliminary ruling from the Krajský súd v Prešove — Slovakia) — LH v Profi Credit Slovakia s.r.o. (Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Credit agreements for consumers — Directive 93/13/EEC — Unfair contract terms — Payment made under an unlawful term — Unjust enrichment of the lender — Right to restitution time-barred — Principles of Union law — Principle of effectiveness — Article 10(2) of Directive 2008/48 — Information to be included in a credit agreement — Elimination of certain national requirements on the basis of the case-law of the Court — Interpretation of the old version of the national legislation in accordance with that case-law — Temporal effects)
OJ C 228, 14.6.2021, p. 3–4
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 22/04/2021
- Date lodged:
- 25/06/2019
- Author:
- Court of Justice
- Form:
- Judicial information
- Authentic language:
- Slovak
- Type of procedure:
- Reference for a preliminary ruling - inadmissible, Reference for a preliminary ruling
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- Case affecting:
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- Related EU case-law document 62019CJ0485
- Instruments cited in case law:
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|
14.6.2021 |
EN |
Official Journal of the European Union |
C 228/3 |
Judgment of the Court (First Chamber) of 22 April 2021 (request for a preliminary ruling from the Krajský súd v Prešove — Slovakia) — LH v Profi Credit Slovakia s.r.o.
(Case C-485/19) (1)
(Reference for a preliminary ruling - Consumer protection - Directive 2008/48/EC - Credit agreements for consumers - Directive 93/13/EEC - Unfair contract terms - Payment made under an unlawful term - Unjust enrichment of the lender - Right to restitution time-barred - Principles of Union law - Principle of effectiveness - Article 10(2) of Directive 2008/48 - Information to be included in a credit agreement - Elimination of certain national requirements on the basis of the case-law of the Court - Interpretation of the old version of the national legislation in accordance with that case-law - Temporal effects)
(2021/C 228/04)
Language of the case: Slovak
Referring court
Krajský súd v Prešove
Parties to the main proceedings
Applicant: LH
Defendant: Profi Credit Slovakia s.r.o.
Operative part of the judgment
|
1. |
The principle of effectiveness must be interpreted as precluding national legislation which provides that an action brought by a consumer for repayment of sums wrongly paid in connection with the performance of a credit agreement may not be brought on the basis of unfair terms, within the meaning of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, or terms contrary to the requirements of 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, is subject to a limitation period of three years which begins to run from the day on which the unjust enrichment occurred; |
|
2. |
Article 10(2) and Article 22(1) of Directive 2008/48, as interpreted by the judgment of 9 November 2016, Home Credit Slovakia (C-42/15, EU:C:2016:842), are applicable to a credit agreement which was entered into before that judgment was handed down and before the national legislation was amended in order to comply with the interpretation adopted in that judgment. |
