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Case C-326/22, Z. (Right to obtain a duplicate of a credit agreement): Judgment of the Court (Tenth Chamber) of 12 October 2023 (request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie — Poland) — Z. sp. z o.o. v A. S.A. (Reference for a preliminary ruling — Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Article 16(1) — Contractual rights and obligations — Early repayment — Reduction in the total cost of the credit for consumers — Loss of a copy of the agreement — Right to obtain a duplicate of the agreement from the creditor)

ECLI:EU:UNKNOWN:62022CA0326

62022CA0326

October 12, 2023
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Official Journal of the European Union

Series C

C/2023/937

27.11.2023

(Case C-326/22, (<span class="oj-super oj-note-tag">1</span>) Z. (Right to obtain a duplicate of a credit agreement))

(Reference for a preliminary ruling - Consumer protection - Credit agreements for consumers - Directive 2008/48/EC - Article 16(1) - Contractual rights and obligations - Early repayment - Reduction in the total cost of the credit for consumers - Loss of a copy of the agreement - Right to obtain a duplicate of the agreement from the creditor)

(C/2023/937)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: Z. sp. z o.o.

Defendant: A. S.A.

Operative part of the judgment

Article 16(1) 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 meaning that a consumer, within the meaning of Article 3(a) thereof, may request, from the creditor, a copy of that agreement and all information concerning the repayment of the credit not featured in the agreement itself, but which is necessary for verifying the calculation of the sum owed by the creditor by virtue of the reduction in the total cost of the credit due to its early repayment and for allowing that consumer to bring a possible action for the recovery of that amount.

ELI: http://data.europa.eu/eli/C/2023/937/oj

ISSN 1977-091X (electronic edition)

* * *

(*1) Language of the case: Polish.

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