EN

Official Journal of the European Union

C 27/6

(Case C-512/15)

(2016/C 027/07)

Language of the case: Croatian

Referring court

Parties to the main proceedings

Applicant: Siniša Pušić

Defendants: Privredna banka Zagreb, Božo Prka

Questions referred

1.May the retrospective application of the law [on consumer credit] be interpreted and determined exclusively in accordance with the provisions of that law, and is such an application of the law [on consumer credit] consistent with EU law, in particular Article 30 of Directive 2008/48/EC of the European Parliament and the Council of 23 April 2008,(1) the first paragraph of which expressly states that that directive does not apply to credit agreements concluded before the entry into force of national legislation that transposed the directive into national law?

2.May the criminal provision of Article 26(1)(28) of the Croatian law on consumer credit, in the context described above, be interpreted consistently with Article 23 of the directive and in the light of the transitory provisions in Article 30 thereof, as meaning that the penalties laid down for breach of a national provision adopted on the basis of the directive in question may not be applied to breaches that may be found in respect of credit agreements ongoing at the date of the implementation of the national implementing measures?

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 (OJ 2008 L 133, p. 66).