07 Mai Consumer protection – Directive 2008/48/EC

Consumer protection – Directive 2008/48/EC

The principle of effectiveness must be interpreted as precluding national legislation which provides that an action brought by a consumer for repayment of sums wrongly paid in connection with the performance of a credit agreement may not be brought on the basis of unfair terms, within the meaning of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, or terms contrary to the requirements of Directive 2008/48/EC of the European Parliament andof the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, is subject to a limitation period of three years which begins to run from the day on which the unjust enrichment occurred.
Article 10(2) and Article 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 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.

ECJ, 22 April 2021, Case C-485/19, LH v PROFI CREDIT Slovakia s.r.o.
https://curia.europa.eu/juris/document/document.jsf?text=&docid=240223&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=11623959