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Case C-225/14: Request for a preliminary ruling from the Tribunal d’instance de Dieppe (France) lodged on 8 May 2014 — Facet SA v Jean Henri
ECLI:EU:UNKNOWN:62014CN0225
62014CN0225
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Official Journal of the European Union
C 223/9
(Case C-225/14)
2014/C 223/13
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Facet SA
Defendant: Jean Henri
Questions referred
1.Does Article 22 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers, interpreted in the light of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, prohibit the existence and application of standard terms in credit agreements whereby the consumer acknowledges that the creditor’s obligations have been fulfilled?
2.Do the general principle of the effectiveness of Community law and Article 22 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers, interpreted in the light of Council Directive 93/13/EEC of 5 April 1993, preclude the creditor’s being able to establish proof of fulfilment of its pre-contractual and contractual obligations solely by means of the standard terms in credit agreements whereby the consumer acknowledges that those obligations have been fulfilled, without producing before the court the documents issued by the creditor and supplied to the borrower?
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).
OJ 1993 L 95, p. 29.