EU Business Law Working Papers 1/2018

Mária Patakyová: Application and Implementation of Directive 2008/48/EC in the Slovak Legal Order

This paper deals with the question on whether the Act No. 129/2010 Coll. on consumer credits has dully implemented the Directive 2008/48/EC, and if not, which are the particular provisions calling for correction, particularly in light of the judgement of the CJEU in the case C-42/15 Home Credit Slovakia a.s., vs Klára Bírová. Moreover, the paper zooms in on judgements of the Slovak national courts, the appeal courts especially, in order to find out whether interpretation and application of the Act is not at odds with the wording and purpose of the Directive. As a conclusion, the paper does not only analyse the legislation and their compliance with EU law, but it goes one step further as it seeks for information on application of the legislation in practice. Consequently, the paper discovers current problems with the real approximation of the laws on consumer credits.