35In addition, without formally claiming that the request for a preliminary ruling is inadmissible, the Slovak Government and the European Commission state that, as is clear from the order for reference, the APR indicated in the credit agreement was incorrect. The Slovak Government considers that, if the APR indicated in that agreement is lower than the real effective rate, the credit is exempt from interest and charges in accordance with Article 11(1) of Law No 129/2010. In those circumstances, that penalty can be applied in the present case irrespective of any answer the Court gives to the questions referred.
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