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Case C-755/22, Nárokuj: Judgment of the Court (Third Chamber) of 11 January 2024 (request for a preliminary ruling from the Okresní soud Praha-západ — Czech Republic) — Nárokuj s.r.o. v EC Financial Services, a.s. (Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Credit agreements for consumers — Article 8 — Obligation of a creditor to check a consumer’s creditworthiness — Regularisation of a breach due to full performance of the credit agreement — Article 23 — Effective, proportionate and dissuasive penalties — Credit agreement void and creditor’s entitlement to payment of the agreed interest forfeited — No harmful consequences for the consumer — Holding creditors accountable and preventing irresponsible practices when granting credit to consumers)
ECLI:EU:UNKNOWN:62022CA0755
62022CA0755
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Official Journal of the European Union
Series C
C/2024/1513
26.2.2024
(Case C-755/22, (1) Nárokuj)
(Reference for a preliminary ruling - Consumer protection - Directive 2008/48/EC - Credit agreements for consumers - Article 8 - Obligation of a creditor to check a consumer’s creditworthiness - Regularisation of a breach due to full performance of the credit agreement - Article 23 - Effective, proportionate and dissuasive penalties - Credit agreement void and creditor’s entitlement to payment of the agreed interest forfeited - No harmful consequences for the consumer - Holding creditors accountable and preventing irresponsible practices when granting credit to consumers)
(C/2024/1513)
Language of the case: Czech
Referring court
Parties to the main proceedings
Applicant: Nárokuj s.r.o.
Defendant: EC Financial Services, a.s.
Operative part of the judgment
Articles 8 and 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, where the creditor has failed to fulfil its obligation to examine the consumer’s creditworthiness, that creditor from being penalised, in accordance with national law, by the consumer credit agreement being void and its entitlement to payment of the agreed interest being forfeited, even though that agreement has been fully performed by the parties and the consumer has not suffered any harmful consequences as a result of that failure to fulfil the obligation.
ELI: http://data.europa.eu/eli/C/2024/1513/oj
ISSN 1977-091X (electronic edition)
* * *
(1) OJ C 94, 13.3.2023.
ECLI:EU:C:2024:1513
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