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Case C-331/18: Judgment of the Court (Sixth Chamber) of 5 September 2019 (request for a preliminary ruling from the Krajský súd v Prešove — Slovakia) — TE v Pohotovosť s.r.o. (Reference for a preliminary ruling – Directive 2008/48/EC – Consumer protection – Consumer credit – Article 10(2)(h) and (i) and Article 10(3) – Information to be included in the agreement – National legislation laying down an obligation to specify for each payment the distribution between the repayment of capital, interest and charges)
ECLI:EU:UNKNOWN:62018CA0331
62018CA0331
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Valentina R., lawyer
11.11.2019
Official Journal of the European Union
C 383/25
(Case C-331/18) (*)
(Reference for a preliminary ruling - Directive 2008/48/EC - Consumer protection - Consumer credit - Article 10(2)(h) and (i) and Article 10(3) - Information to be included in the agreement - National legislation laying down an obligation to specify for each payment the distribution between the repayment of capital, interest and charges)
(2019/C 383/26)
Language of the case: Slovak
Referring court
Parties to the main proceedings
Appellant: TE
Respondent: Pohotovost’ s.r.o.
Operative part of the judgment
1.Article 10(2)(h) to (j) 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, in conjunction with Article 22(1) of that directive, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which a credit agreement must specify the breakdown of each repayment showing, where applicable, capital amortisation, interest and other charges.
2.Articles 10(2) and 22(1) of Directive 2008/48, as interpreted by the judgment of 9 November 2016, Home Credit Slovakia (C-42/15, EU:C:2016:842), are applicable to a credit agreement, such as the one at issue in the main proceedings, which was entered into before that judgment was handed down and before the national legislation was amended in order to comply with the interpretation adopted in that judgment.
(*) Language of the case: Slovak.