<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Protection of individual rights arising from EU law is to a great extent in the hands of national courts. Their role is underlined in cases of imperfect implementation of a directive, where individuals are left at mercy of a euro-conform interpretation. Euro-conform interpretation is not limitless, as, for instance, it shall not be <italic>contra legem</italic>. However, when exactly is the interpretation <italic>contra legem</italic>, i.e. impossible? This article shows how intricate euro-conform interpretation may be, using the example of Directive 2008/48/EC on consumer credit agreements, a piece of law much discussed by the ECJ in preliminary rulings. Even if the proper way of interpretation is shown by the Supreme Court of a Member State, individuals may still find it difficult, even impossible, to enforce their rights arising from EU law. The aim of this article is to show how the euro-conform interpretation works in practice.</p>
</abstract>

Protection of individual rights arising from EU law is to a great extent in the hands of national courts. Their role is underlined in cases of imperfect implementation of a directive, where individuals are left at mercy of a euro-conform interpretation. Euro-conform interpretation is not limitless, as, for instance, it shall not be contra legem. However, when exactly is the interpretation contra legem, i.e. impossible? This article shows how intricate euro-conform interpretation may be, using the example of Directive 2008/48/EC on consumer credit agreements, a piece of law much discussed by the ECJ in preliminary rulings. Even if the proper way of interpretation is shown by the Supreme Court of a Member State, individuals may still find it difficult, even impossible, to enforce their rights arising from EU law. The aim of this article is to show how the euro-conform interpretation works in practice.

Euro-Conform Interpretation of Slovak Consumer Credit Act – Endless Saga Bound to End?

European Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Protection of individual rights arising from EU law is to a great extent in the hands of national courts. Their role is underlined in cases of imperfect...

Euro-Conform Interpretation of Slovak Consumer Credit Act – Endless Saga Bound to End?

Online veröffentlicht: 15. Okt. 2022

Seitenbereich: 205 - 221

DOI: https://doi.org/10.2478/eustu-2022-0009

Schlüsselwörter
Euro-conform interpretation, Indirect effect of EU law, Consistent interpretation, interpretation – Directive 2008/48/EC – C-42/15 – C-331/18

© 2022 Mária T. Patakyová, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Euro-Conform Interpretation of Slovak Consumer Credit Act – Endless Saga Bound to End?

Online veröffentlicht: 15. Okt. 2022

Seitenbereich: 205 - 221

DOI: https://doi.org/10.2478/eustu-2022-0009

SchlüsselwörterEuro-conform interpretation, Indirect effect of EU law, Consistent interpretation, interpretation – Directive 2008/48/EC – C-42/15 – C-331/18

© 2022 Mária T. Patakyová, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Schlüsselwörter
Euro-conform interpretation, Indirect effect of EU law, Consistent interpretation, interpretation – Directive 2008/48/EC – C-42/15 – C-331/18