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Case C-339/23, Horyzont: Judgment of the Court (Tenth Chamber) of 24 October 2024 (request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich – Poland) – Horyzont Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamknięty v LC (Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Risk of over-indebtedness – Article 8 – Obligation on the creditor to check the creditworthiness of the consumer – Article 10 – Information to be included in credit agreements – Article 23 – Penalty in the event of failure to comply with that obligation – Equivalent penalties – Effective, proportionate and dissuasive nature of the penalty)
ECLI:EU:UNKNOWN:62023CA0339
62023CA0339
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Official Journal of the European Union
C series
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C/2024/7291
16.12.2024
(Case C-339/23,
Horyzont)
(Reference for a preliminary ruling - Consumer protection - Credit agreements for consumers - Directive 2008/48/EC - Risk of over-indebtedness - Article 8 - Obligation on the creditor to check the creditworthiness of the consumer - Article 10 - Information to be included in credit agreements - Article 23 - Penalty in the event of failure to comply with that obligation - Equivalent penalties - Effective, proportionate and dissuasive nature of the penalty)
(C/2024/7291)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: Horyzont Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamknięty
Defendant: LC
Operative part of the judgment
Articles 23 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
must be interpreted as not precluding a penalty implemented in the event of a failure to comply with the obligation to assess the consumer’s creditworthiness, provided for in Article 8(1) of that directive, from differing from the penalty provided for in the event of a failure to comply with other, potentially equivalent, obligations provided for in that directive, in particular the obligation referred to in Article 10(2) thereof concerning the information to be included in consumer credit agreements, provided that the conditions laid down in Article 23 of that directive are met.
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ELI: http://data.europa.eu/eli/C/2024/7291/oj
ISSN 1977-091X (electronic edition)
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(*1) Language of the case: Polish.