CELEX: 62012CN0565
Language: en
Date: 2012-12-06 00:00:00
Title: Case C-565/12: Request for a preliminary ruling from the Tribunal d’instance d’Orléans (France) lodged on 6 December 2012 — LCL Le Crédit Lyonnais, SA v Fesih Kalhan

9.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/15
            
         Request for a preliminary ruling from the Tribunal d’instance d’Orléans (France) lodged on 6 December 2012 — LCL Le Crédit Lyonnais, SA v Fesih Kalhan
   (Case C-565/12)
   2013/C 38/20
   Language of the case: French
   
      Referring court
   
   Tribunal d’instance d’Orléans
   
      Parties to the main proceedings
   
   
      Applicant: LCL Le Crédit Lyonnais, SA
   
      Defendant: Fesih Kalhan
   
      Question referred
   
   Does the requirement for effective, proportionate and dissuasive penalties laid down in Article 23 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers, (1) in the case of breaches on the part of creditors of the obligations set out in the directive, preclude the existence of rules that allow the creditor, which has been penalised by forfeiture of its entitlement to interest as provided for in the French legislation, to benefit, after the imposition of the penalty, from interest payable by operation of law at a statutory rate, that is increased by five percentage points two months after a court decision has become enforceable, on the sums that remain payable by the consumer?
   
      (1)  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 (OJ 2008 L 133, p. 66).