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

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

Open Access
|Oct 2022

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.

Language: English
Page range: 205 - 221
Published on: Oct 15, 2022
Published by: Palacký University Olomouc
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2022 Mária T. Patakyová, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.