do-me/EUR-LEX huggingface dataset:
Case C-303/20: Judgment of the Court (Sixth Chamber) of 10 June 2021 (request for a preliminary ruling from the Sąd Rejonowy w Opatowie — Poland) — Ultimo Portfolio Investment (Luxembourg) SA v KM (Reference for a preliminary ruling — Credit agreements for consumers — Directive 2008/48/EC — Risk of over-indebtedness — Article 8 — Creditor’s obligation to assess the consumer’s creditworthiness — Article 23 — Effective, proportionate and dissuasive nature of the penalty in the event of infringement of that obligation)
Date: 2021-06-10
Institutions: Court of Justice
Subjects: administrative sanction, consumer credit, consumer protection, financial situation, indebtedness, principle of proportionality








C_2021297EN.01001401.xml










26.7.2021   


EN


Official Journal of the European Union


C 297/14






Judgment of the Court (Sixth Chamber) of 10 June 2021 (request for a preliminary ruling from the Sąd Rejonowy w Opatowie — Poland) — Ultimo Portfolio Investment (Luxembourg) SA v KM
(Case C-303/20) (1)

(Reference for a preliminary ruling - Credit agreements for consumers - Directive 2008/48/EC - Risk of over-indebtedness - Article 8 - Creditor’s obligation to assess the consumer’s creditworthiness - Article 23 - Effective, proportionate and dissuasive nature of the penalty in the event of infringement of that obligation)
(2021/C 297/13)
Language of the case: Polish

Referring court

Sąd Rejonowy w Opatowie

Parties to the main proceedings


Applicant: Ultimo Portfolio Investment (Luxembourg) SA

Defendant: KM

Operative part of the judgment

Article 23 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 must be interpreted as meaning that the examination of the effectiveness, proportionality and dissuasiveness of the penalties provided for in that provision, in the event, inter alia, of the failure to comply with the obligation to examine the creditworthiness of the consumer, laid down in Article 8 of that directive, must be carried out taking into account, in accordance with the third paragraph of Article 288 TFEU, not only the provision adopted specifically in national law to transpose that directive, but also all the provisions of that law, interpreting them, so far as possible, in the light of the wording and objectives of that directive, so that those penalties meet the requirements laid down in Article 23 thereof.


(1)  OJ C 329, 5.10.2020.
Case C-192/20: Judgment of the Court (Seventh Chamber) of 10 June 2021 (request for a preliminary ruling from the Krajský súd v Prešove — Slovakia) — Prima banka Slovensko a.s. v HD (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Scope — Article 1(2) — Mandatory national legislative provisions — Early termination of the loan agreement — Accumulation of loan interest and default interest)
Date: 2021-06-10
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, deadline for payment, interest, redemption, unfair terms of contract








C_2021297EN.01001301.xml










26.7.2021   


EN


Official Journal of the European Union


C 297/13






Judgment of the Court (Seventh Chamber) of 10 June 2021 (request for a preliminary ruling from the Krajský súd v Prešove — Slovakia) — Prima banka Slovensko a.s. v HD
(Case C-192/20) (1)

(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Scope - Article 1(2) - Mandatory national legislative provisions - Early termination of the loan agreement - Accumulation of loan interest and default interest)
(2021/C 297/12)
Language of the case: Slovak

Referring court

Krajský súd v Prešove

Parties to the main proceedings


Appellant: Prima banka Slovensko a.s.

Respondent: HD

Operative part of the judgment

Subject to the verifications to be made by the referring court, Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as not being applicable to national provisions under which a consumer who has concluded a loan agreement with a seller or supplier cannot be required, on the basis of the terms of that agreement, in the event of early termination of the term of the loan, to pay to the seller or supplier ordinary interest for the period from the time at which that loan was declared immediately due and payable until the capital borrowed has actually been repaid, since the payment of default interest and of the other contractual penalties due under the terms of that agreement provides compensation for the actual harm suffered by the seller or supplier.


(1)  OJ C 329, 5.10.2020.
Case C-923/19: Judgment of the Court (Fifth Chamber) of 10 June 2021 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Van Ameyde España SA v GES, Seguros y Reaseguros SA (Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Article 1, points 1 and 2 — Article 3, first, second and final paragraphs — Concept of ‘vehicle’ — Obligation to cover damage to property — Scope — Traffic accident involving an articulated vehicle the parts of which are covered by separate compulsory insurance — Damage caused to the semi-trailer by the tractor vehicle to which it was coupled when the accident occurred — Interpretation of national legislation excluding cover for that damage by the compulsory insurance against civil liability in respect of the use of that road tractor)
Date: 2021-06-10
Institutions: Court of Justice
Subjects: commercial vehicle, compulsory insurance, damage, motor vehicle insurance, third-party insurance, transport accident, vehicle parts








C_2021297EN.01001101.xml










26.7.2021   


EN


Official Journal of the European Union


C 297/11






Judgment of the Court (Fifth Chamber) of 10 June 2021 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Van Ameyde España SA v GES, Seguros y Reaseguros SA
(Case C-923/19) (1)

(Reference for a preliminary ruling - Compulsory insurance against civil liability in respect of the use of motor vehicles - Directive 2009/103/EC - Article 1, points 1 and 2 - Article 3, first, second and final paragraphs - Concept of ‘vehicle’ - Obligation to cover damage to property - Scope - Traffic accident involving an articulated vehicle the parts of which are covered by separate compulsory insurance - Damage caused to the semi-trailer by the tractor vehicle to which it was coupled when the accident occurred - Interpretation of national legislation excluding cover for that damage by the compulsory insurance against civil liability in respect of the use of that road tractor)
(2021/C 297/09)
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Applicant: Van Ameyde España SA

Defendant: GES, Seguros y Reaseguros SA

Operative part of the judgment

The first, second and final paragraphs of Article 3 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability, read in conjunction with Article 1, points 1 and 2 of that directive, must be interpreted as meaning that they do not preclude an interpretation of national legislation which excludes from cover, and therefore from compensation, by compulsory insurance against civil liability in respect of the use of a road tractor, material damage caused by that tractor to the semi-trailer which was coupled to it when the accident occurred.


(1)  OJ C 103, 30.3.2020.