Pravna literatura

Unfair Contract Terms Directive, Article 3 Unfair Contract Terms Directive, Article 4 Unfair Contract Terms Directive, Article 5 Unfair Contract Terms Directive, Article 5 Unfair Contract Terms Directive, Article 6

The author emphasises the principle of the effectiveness of the implementation of EU law before the Supreme Court of the Republic of Slovenia in the light of the recently announced judgement of the ECJ in case C-485/19, Profi Credit Slovakia. This case is important for Slovenia regarding two issues: 1.) when does the limitation period begin to run in the case of an action for repayment of overpayment due to illegal contractual terms in contracts with consumers 2.) whether this period applies to each individual instalment of the loan or the entire principal. This is now a matter of EU law, and no longer the Slovenian Obligations Code or civil law of the EU Member States. The Supreme Court of the Republic of Slovenia is beginning to follow the opinion of ECJ. In its Decision II Ips 14/2020 of 19 June 2020 it has ruled as follows: in assessing whether national law makes it excessively difficult for the consumer to seek protection under Directive 93/13, the duration and manner of application of the time limit must also be taken into account, including the beginning of its period. National subjective and objective limitation periods for the limitation period for damages are therefore no longer applicable. Other criteria are relevant, which are discussed in more detail by the author in this paper. The basis for rejecting the strict application of national limitation periods is the principle of the effectiveness of EU law.