Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/06/2019

Subject: The Court affirmed that Directive 2008/48/EC on credit agreements for consumers does not preclude a national rule 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. Moreover, the Directive does not preclude a national rule 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

Parties: Schyns

Classification: Solidarity - Art. 38 Consumer protection

Text