Order — ECLI:EU:C:2016:787
Date: 2016-10-12
Language of the case: Croatian
Court formation: Sixth Chamber
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Croatia

Summary — Order of the Court (Sixth Chamber), 12 October 2016 1. Consumer protection — Directive 2008/48 — Credit agreements for consumers — Scope — Credit agreements secured by immovable property — Not included — National implementing legislation including those credit agreements within its scope and imposing in their regard obligations on credit institutions — Lawfulness (European Parliament and Council Directive 2008/48, Recitals 10 and 14 and Art. 2(2)(b)) 2. Consumer protection — Directive 2008/48 — Credit agreements for consumers — Scope — National implementing legislation including within its scope credit agreements secured by immovable property which are excluded from the directive’s scope — Applicability to agreements existing on the date of that legislation’s entry into force — Lawfulness (European Parliament and Council Directive 2008/48, Recitals 9 and 10 and Art. 30(1)) 3. Consumer protection — Directive 2008/48 — Credit agreements for consumers — Scope — Credit agreements secured by immovable property — Not included — National implementing legislation requiring the creditor, on pain of criminal penalties, to comply with obligations concerning variable interest rates — Applicability to agreements existing on the date of that legislation’s entry into force — Lawfulness — Conditions (European Parliament and Council Directive 2008/48, Arts 23 and 30(1)) 1. See the text of the decision. (see paras 27-30) 2. See the text of the decision. (see paras 31-33) 3. Articles 23 and 30(1) of Directive 2008/48 on credit agreements for consumers and repealing Directive 87/102 must be interpreted as not precluding national provisions which require the creditor, on pain of criminal penalties, to comply with obligations concerning variable interest rates in respect of credit agreements existing at the date on which those provisions came into force, since those credit agreements fall outside the material scope of that directive and, furthermore, those obligations do not constitute an implementation of that directive. (see para. 35, operative part)