CELEX: 62018CA0058
Language: en
Date: 2019-06-06 00:00:00
Title: Case C-58/18: Judgment of the Court (First Chamber) of 6 June 2019 (request for a preliminary ruling from the Justice de Paix du canton de Visé — Belgium) — Michel Schyns v Belfius Banque SA (Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Pre-contractual obligations — Article 5(6) — Obligation on the creditor to seek to establish the credit most suitable — Article 8(1) — Obligation on the creditor to refrain from concluding the loan agreement if there are doubts over the creditworthiness of the consumer — Obligation on the creditor to assess the expediency of the credit)

5.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 263/12
            
         
      Judgment of the Court (First Chamber) of 6 June 2019 (request for a preliminary ruling from the Justice de Paix du canton de Visé — Belgium) — Michel Schyns v Belfius Banque SA
      (Case C-58/18) (1)
      
      (Reference for a preliminary ruling - Consumer protection - Directive 2008/48/EC - Pre-contractual obligations - Article 5(6) - Obligation on the creditor to seek to establish the credit most suitable - Article 8(1) - Obligation on the creditor to refrain from concluding the loan agreement if there are doubts over the creditworthiness of the consumer - Obligation on the creditor to assess the expediency of the credit)
      (2019/C 263/14)
      Language of the case: French
      
         Referring court
      
      Justice de Paix du canton de Visé
      
         Parties to the main proceedings
      
      
         Applicant: Michel Schyns
      
         Defendant: Belfius Banque SA
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 5(6) 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 not precluding a national rule, such as that at issue in the main proceedings, which obliges creditors or credit intermediaries to seek to establish, within the framework of the credit agreements which they usually offer, the type and the amount of credit most suitable, taking into account the consumer’s financial situation at the time the credit agreement is concluded and the purpose of the credit.
               
            
                  2.
               
               
                  Article 5(6) and Article 8(1) of Directive 2008/48 must be interpreted as not precluding a national rule, such as that at issue in the main proceedings, which obliges the creditor to refrain from concluding the credit agreement if he cannot reasonably take the view, following the check of the consumer’s creditworthiness, that the consumer will be able to fulfil the obligations arising from the proposed agreement.
               
            
         (1)  OJ C 166. 14.5.2018.