|
11.2.2019 |
EN |
Official Journal of the European Union |
C 54/15 |
Request for a preliminary ruling from the Tribunal d’instance Épinal (France) lodged on 13 December 2018 — Cofidis v YP
(Case C-782/18)
(2019/C 54/19)
Language of the case: French
Referring court
Tribunal d’instance Épinal
Parties to the main proceedings
Applicant: Cofidis
Defendant: YP
Question referred
Does the protection guaranteed to consumers by 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 (1) preclude a national provision which, in an action brought by a seller or supplier against a consumer on the basis of a credit agreement which they have concluded, prohibits the national court, on expiry of a limitation period of five years from the conclusion of the agreement, from finding and penalising, of its own motion or following an objection raised by the consumer, a failure to comply with the provisions relating to the obligation laid down in Article 8 of the directive to verify the creditworthiness of the consumer, a failure to comply with those of Article 10 et seq. of the directive relating to the information which must be included in a clear and concise manner in credit agreements, and, more generally, a failure to comply with all of the consumer-protection provisions set out in that directive?