CELEX: 62018CN0616
Language: en
Date: 2018-10-01 00:00:00
Title: Case C-616/18: Request for a preliminary ruling from the Tribunal d’instance d’Épinal (France) lodged on 1 October 2018 — Cofidis SA v YU, ZT

3.12.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 436/30
            
         
      Request for a preliminary ruling from the Tribunal d’instance d’Épinal (France) lodged on 1 October 2018 — Cofidis SA v YU, ZT
      (Case C-616/18)
      (2018/C 436/42)
      Language of the case: French
      
         Referring court
      
      Tribunal d’instance d’Épinal
      
         Parties to the main proceedings
      
      
         Applicant: Cofidis SA
      
         Defendants: YU, ZT
      
         Question referred
      
      Does the protection guaranteed to consumers by 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 (1) preclude a national provision which, in an action brought by a seller or supplier against a consumer on the basis of a credit agreement which they have concluded, prohibits the national court, on expiry of a limitation period of five years from the conclusion of the agreement, from finding and penalising, of its own motion or following an objection raised by the consumer, a failure to comply with the provisions relating to the obligation laid down in Article 8 of the directive to verify the creditworthiness of the consumer, a failure to comply with those of Article 10 et seq. of the directive relating to the information which must be included in a clear and concise manner in credit agreements, and, more generally, a failure to comply with all of the consumer-protection provisions set out in that directive?
      
         (1)  OJ 2008 L 133, p. 66.