AG Kokott: Further guidance on time-limitations under and penalties under national law in the implementation of the Consumer Credit Directive

In Cofidis (C‑616/18) and OPR-Finance (C‑679/18), Advocate General Kokott addresses several key questions on consumer protection law. In particular, the cases raise the issue of the extent to which national time bars and limitation periods preclude a national court from examining infringements of Articles 8 and 10 of the Consumer Credit Directive of its own motion, and to what extent courts must impose penalties of their own motion for infringements found by them.

In Cofidis, a preliminary reference from the District Court of Épinal, France, the question raised was the following:

‘Does the protection guaranteed to consumers by the Consumer Credit Directive preclude a national provision which, in an action brought by a selle