# C_2021228EN.01000302.xml

| 14.6.2021 | EN | Official Journal of the European Union | C 228/3 |
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14.6.2021

EN

Official Journal of the European Union

C 228/3

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Judgment of the Court (First Chamber) of 22 April 2021 (request for a preliminary ruling from the Krajský súd v Prešove — Slovakia) — LH v Profi Credit Slovakia s.r.o.

(Case C-485/19) (1)

(Reference for a preliminary ruling - Consumer protection - Directive 2008/48/EC - Credit agreements for consumers - Directive 93/13/EEC - Unfair contract terms - Payment made under an unlawful term - Unjust enrichment of the lender - Right to restitution time-barred - Principles of Union law - Principle of effectiveness - Article 10(2) of Directive 2008/48 - Information to be included in a credit agreement - Elimination of certain national requirements on the basis of the case-law of the Court - Interpretation of the old version of the national legislation in accordance with that case-law - Temporal effects)

(2021/C 228/04)

Language of the case: Slovak

Referring court

Krajský súd v Prešove

Parties to the main proceedings

Applicant: LH

Defendant: Profi Credit Slovakia s.r.o.

Operative part of the judgment

| 1. | 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 and of 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; |
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1.

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 and of 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;

| 2. | 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. |
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2.

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.

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(1)  OJ C 305, 9.9.2019.

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