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Case C-50/22, Sogefinancement: Judgment of the Court (Third Chamber) of 9 March 2023 (request for a preliminary ruling from the Cour d’appel de Paris — France) — Sogefinancement v RW, UV (Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Credit agreements for consumers — Scope — Right of withdrawal — Article 14(7) — National provisions establishing a period of time during which the performance of the contract may not begin — National procedural rules governing how the national courts raise of their own motion and penalise breaches of those provisions — Article 23 — Effective, proportionate and dissuasive sanctions)
ECLI:EU:UNKNOWN:62022CA0050
62022CA0050
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Official Journal of the European Union
C 164/16
(Case C-50/22, (1) Sogefinancement)
(Reference for a preliminary ruling - Consumer protection - Directive 2008/48/EC - Credit agreements for consumers - Scope - Right of withdrawal - Article 14(7) - National provisions establishing a period of time during which the performance of the contract may not begin - National procedural rules governing how the national courts raise of their own motion and penalise breaches of those provisions - Article 23 - Effective, proportionate and dissuasive sanctions)
(2023/C 164/20)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Sogefinancement
Defendant: RW, UV
Operative part of the judgment
Article 14(7) 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 meaning that the national procedural rules governing the raising by a national court of its own motion of, and the penalty it imposes for, a breach, by the lender, of a provision of national law establishing a period during which the performance of a credit agreement may not begin do not fall within the scope of that directive.
(1) OJ C 191, 10.5.2022.