Case C-485/19: 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. (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)
Date: 2021-04-22
Institutions: Court of Justice
Subjects: civil proceedings, claim, consumer credit, consumer information, limitation of legal proceedings, unfair terms of contract








C_2021228EN.01000302.xml










14.6.2021   


EN


Official Journal of the European Union


C 228/3






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;










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.






(1)  OJ C 305, 9.9.2019.