The Decision of the Court of Justice of the European Union: The possibility to eliminate the statutory interest in a credit agreement concluded in a foreign currency, in the situation where the credit institution did not assess the consumer’s creditworthiness (Case C-678/18 OPR-Finance vs. GK)
LEGISLATIVE CONTEXT The Court’s decision followed a request for a preliminary ruling concerning the interpretation of articles 8 and 23 from Directive 2008/48/EC on credit agreements for consumers. (the “Directive”). The competent court from Czech Republic requested a clarification as to whether the aforementioned articles preclude national legislation (Czech legislation) which specifies that the penalty […]