28On the other hand, the effective exercise of the rights conferred by Directive 2008/48 is ensured by a national rule according to which the creditor is, in principle, required to prove to the court that those pre-contractual obligations have been fulfilled. Such a rule aims to ensure, as was stated in paragraph 21 above, the protection of the consumer, without disproportionately interfering with the creditor’s right to a fair trial. As the Advocate General stated in point 35 of his Opinion, a diligent creditor must be aware of the need to gather and retain evidence that its obligations to provide information and explanations have been fulfilled.
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