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Case C-679/18: Judgment of the Court (Second Chamber) of 5 March 2020 (request for a preliminary ruling from the Okresní soud v Ostravě — Czech Republic) — OPR-Finance s. r. o. v GK (Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Credit agreements for consumers — Article 8 — Creditor’s obligation to assess the consumer’s creditworthiness — National rules — Whether limitation may be invoked against the objection of nullity of the agreement raised by the consumer — Article 23 — Penalties — Effective, proportionate and dissuasive nature — National court — Examination by the court of its own motion as to whether that obligation has been complied with)
ECLI:EU:UNKNOWN:62018CA0679
62018CA0679
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27.4.2020
Official Journal of the European Union
C 137/17
(Case C-679/18) (1)
(Reference for a preliminary ruling - Consumer protection - Directive 2008/48/EC - Credit agreements for consumers - Article 8 - Creditor’s obligation to assess the consumer’s creditworthiness - National rules - Whether limitation may be invoked against the objection of nullity of the agreement raised by the consumer - Article 23 - Penalties - Effective, proportionate and dissuasive nature - National court - Examination by the court of its own motion as to whether that obligation has been complied with)
(2020/C 137/21)
Language of the case: Czech
Referring court
Parties to the main proceedings
Applicant: OPR-Finance s. r. o.
Defendant: GK
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 imposing an obligation on a national court to examine, of its own motion, whether there has been a failure to comply with the creditor’s pre-contractual obligation to assess the consumer’s creditworthiness, provided for in Article 8 of that directive, and to draw the consequences arising under national law of a failure to comply with that obligation, on condition that they satisfy the requirements of Article 23. Articles 8 and 23 of Directive 2008/48 must also be interpreted as precluding national rules under which a failure by the creditor to comply with its pre-contractual obligation to assess the consumer’s creditworthiness is penalised by the nullity of the credit agreement, linked with an obligation on the consumer to return the principal sum to the creditor at a time appropriate to the consumer’s financial capacity, solely on condition that that consumer raises an objection of such nullity within a three-year limitation period.
(1)
Language of the case: Czech
* * *
(1) Language of the case: Czech.