Request for a preliminary ruling from the Okresní soud v Ostravě (Czech Republic) lodged on 5 November 2018 — OPR-Finance s.r.o. v GK

(Case C-679/18)

Language of the case: Czech

Referring court

Okresní soud v Ostravě

Parties to the main proceedings

Applicant: OPR-Finance s.r.o.

Defendant: GK

Questions referred

Do the combined provisions of Article 8 and Article 23 of Directive 2008/48/EC ¹ of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC preclude national legislation which specifies that the penalty for failure to fulfil the creditor’s obligation to assess the consumer’s creditworthiness before the conclusion of the credit agreement shall be the nullity of the credit agreement linked with an obligation on the consumer to return the principal sum to the creditor at a time appropriate to the consumer’s financial capacity, where such a penalty (the nullity of the credit agreement) is however applicable only in the event that the consumer invokes it (that is, raises an objection of nullity in relation to the agreement) within a three-year limitation period?

Do the combined provisions of Article 8 and Article 23 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 require a national court to apply of its own motion the penalty laid down in national legislation for failure to fulfil the creditor’s obligation to assess the consumer’s creditworthiness (that is, even in the event that the consumer does not actively invoke the penalty)?

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¹ OJ 2008 L 133, p. 66.