Request for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 14 November 2023 – A.B. and F.B. v Slovenská sporiteľňa, a.s.
(Case C-677/23, Slovenská sporiteľňa)
Language of the case: Slovak
Referring court
Krajský súd v Prešove
Parties to the main proceedings
Applicants: A.B. and F.B.
Defendant: Slovenská sporiteľňa, a.s.
Questions referred
A. 1. Must Article 10(2)(c) 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 1 be interpreted as meaning that the specification of the duration of the credit agreement in a clear and concise manner in the contractual terms:
- requires the duration of the credit agreement to be specified expressly, for example by stating the date of the conclusion and expiry of the agreement (from … to …) or, alternatively, by using calendar units of time such as, for example, months or years (e.g. for a period of one year), or
- is it sufficient if it is done in such a way that the consumer is to calculate the duration of the agreement or determine it in some other way on the basis of the contractual terms, for example on the basis of the number of monthly instalments or the time at which the credit is repaid in full?
2. Must Article 10(2)(c) of Directive 2008/48 be interpreted as meaning that the specification in a credit agreement of the duration of that agreement corresponds to a period defined as ‘during … a commercial transaction’ within the meaning of Article 3(1) of Directive 2005/29/EC 1 of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council?
B. Must Article 10(2)(g) of Directive 2008/48, in the sections stating ‘in a clear and concise manner’ and ‘all the assumptions used in order to calculate that rate’, be interpreted as meaning that:
- the assumptions used in order to calculate the annual percentage rate of charge (APRC) must be expressly identified in the agreement as the assumptions used in order to calculate the APRC, or
- the consumer is him or herself to determine the relevant assumptions used in order to calculate the APRC on the basis of the contractual terms?
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1 OJ 2008 L 133, p. 66.
1 OJ 2005 L 149, p. 22.