Judgment_paragraph 31 · LH v Profi Credit Slovakia s.r.o (C-485/19)

31In those circumstances, the Krajský súd v Prešove (Regional Court, Prešov) decided to stay the proceedings and to refer the following questions to the Court for a preliminary ruling:‘A.(1) Must Article 47 of the [Charter] and, by implication, the consumer’s right to an effective legal remedy be interpreted as precluding national legislation, such as Article 107(2) of the Občianský zákonník (Civil Code of Slovakia) on the limitation of the consumer’s right by a statutory three-year limitation period, in accordance with which the consumer’s right to reimbursement which arises from an unfair contractual term may become time-barred even where the consumer is not in a position to evaluate the unfair contractual term and the limitation period starts even without the consumer being aware that the contractual term is unfair?(2) In the event that, despite a lack of awareness on the part of the consumer, the legislation which imposes a statutory limitation period of three years on the consumer’s right is consistent with Article 47 of the Charter and the principle of effectiveness, the national court then asks the following:Is a national practice contrary to Article 47 of the Charter and the principle of effectiveness if, in accordance with that practice, the burden of proof falls on the consumer, who must prove in legal proceedings that the persons acting on behalf of the creditor were aware of the fact that the creditor was infringing the consumer’s rights, in the present case that awareness consisting in the knowledge that, by failing to indicate the precise [APR], the creditor was infringing a legal provision, and must also prove awareness of the fact that, in such circumstances, the loan was non-interest bearing and, by receiving payments of interest, the creditor obtained unjust enrichment?(3) In the event that [the second question] is answered in the negative, on the part of which persons, among the directors, the shareholders and the commercial representatives of the creditor, must the consumer prove awareness of the matters referred to in [the second question]?(4) In the event that [the second question] is answered in the negative, what degree of awareness must be shown in order to prove the [lender’s] intention to infringe the relevant financial sector rules?B.(5) Do the effects of the directives and the relevant case-law of the Court of Justice, including Rasmussen, C‑441/14, EU:C:2016:278, Pfeiffer, C‑397/01 to C‑403/01, EU:C:2004:584, paragraphs 113 and 114, Kücükdeveci, C‑555/07, EU:C:2010:21, paragraph 48, Impact, C‑268/06, EU:C:2008:223, paragraph 100, Dominguez, C‑282/10, EU:C:2012:33, paragraphs 25 and 27, and Association de médiation sociale, C‑176/12, EU:C:2014:2, paragraph 38, preclude a national practice in accordance with which the national court reaches a conclusion concerning interpretation in conformity with EU law without employing interpretative methods and without giving due reasons?(6) If, after applying methods of interpretation, such as purposive interpretation, authentic interpretation, historical interpretation, contextual interpretation, logical interpretation (the a contrario method, the reductio ad absurdum method) and after applying the whole body of domestic law, in order to secure the objectives referred to in Article 10(2)(h) and (i) of Directive 2008/48 … the national court concludes that interpretation in conformity with EU law results in a situation contra legem, is it then possible – for example, by making a comparison with relationships involving discrimination or the protection of employees – to accord the abovementioned provision of the Directive direct effect, in order to protect traders against consumers in credit relationships, and disapply the provision of law which is not in conformity with EU law?’