«(Direct effect of unimplemented directives – Council Directive 87/102/EEC concerning consumer credit)»

1.. Acts of the institutions – Directives – Direct effect – Limits – Possibility of relying on a directive against an individual – Precluded (EC Treaty, Art. 189, third para.)

2.. Approximation of laws – Consumer protection in respect of consumer credit – Directive 87/102 – Possibility, in the absence of implementing measures, of relying on the directive in order to claim a right of action against a lender who is a private person – Precluded – Community competence under Article 129a – No effect (EC Treaty, Arts 129a and 189, third para.; Council Directive 87/102, Art. 11)

3.. Community law – Rights conferred on individuals – Infringement by a Member State of the obligation to transpose a directive – Obligation to make good damage caused to individuals – Conditions (EC Treaty, Art. 189, third para.)

JUDGMENT OF THE COURT (Sixth Chamber) 7 March 1996 (1)

((Direct effect of unimplemented directive – Council Directive 87/102/EEC concerning consumer credit))

In Case C-192/94,

REFERENCE to the Court under Article 177 of the EC Treaty by the Juzgado de Primera Instancia No 10 de Sevilla (Spain) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Article 129a of the EC Treaty and Article 11 of Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ 1987 L 42, p. 48),

THE COURT (Sixth Chamber),,

composed of: C.N. Kakouris, President of the Chamber, G. Hirsch (Rapporteur), P.J.G. Kapteyn, J.L. Murray and H. Ragnemalm, Judges,

Advocate General: C.O. Lenz,

after considering the written observations submitted on behalf of:

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 7 December 1995,

gives the following

and

and

and

the consumer shall have the right to pursue remedies against the grantor of credit. Member States shall determine to what extent and under what conditions these remedies shall be exercisable.

On those grounds,

THE COURT (Sixth Chamber),

in answer to the question referred to it by the Juzgado de Primera Instancia No 10, Seville, by order of 30 June 1994, hereby rules:

Kakouris

Hirsch

Kapteyn

Murray

Ragnemalm

Delivered in open court in Luxembourg on 7 March 1996.

R. Grass

C.N. Kakouris

Registrar

President of the Sixth Chamber