11 Fév European Court of Justice – february 2025
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Requirements relating to information to be included in such a credit agreement – Duty to provide information – Duration of the agreement – Annual percentage rate of charge (APRC) – Assumptions used in order to calculate the APRC.
ECJ, 23 January 2025, Case C 677/23, Slovenská sporiteľňa.
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Article 10(2)(c) 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, as amended by Commission Directive 2011/90/EU of 14 November 2011,
must be interpreted as meaning that a credit agreement need not necessarily specify the duration of that agreement expressly, provided that the terms of that agreement enable the consumer to determine that duration without difficulty and with certainty.
Article 10(2)(g) of Directive 2008/48, as amended by Directive 2011/90,
must be interpreted as meaning that the assumptions used in order to calculate the annual percentage rate of charge (APRC) must be expressly identified in the credit agreement and that it is not sufficient in that regard that the consumer may himself or herself identify them by examining the terms of that agreement.
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 8(1)(a) – Right to reimbursement of the cost of the airline ticket in the event of cancellation of a flight – Choice between reimbursement in money or in travel vouchers – Article 7(3) – Concept of the ‘signed agreement of the passenger’ – Loyalty account set up by the passenger on the air carrier’s website.
ECJ, Case C 642/23, 16 January 2025, Flightright.
Article 8(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, read in conjunction with Article 7(3) of Regulation No 261/2004,
must be interpreted as meaning that, in the event of cancellation of a flight by the operating air carrier, a passenger is not to be deemed to have given his or her ‘signed agreement’ to reimbursement of the cost of the ticket in the form of travel vouchers where he or she has set up, on that carrier’s website, a loyalty account to which those vouchers were to be transferred, without having confirmed, by his or her express, definitive and unequivocal acceptance, his or her agreement to that method of reimbursement.
