ntr130-C_2019323EN.01000401-E0130
(130) This is implied by Case C-168/15 Milena Tomášová, where the Court ruled that, under certain conditions, the Member States are liable to compensate consumers for damage caused by the fact that a court adjudicating at last instance did not assess relevant contract terms of its own motion although it was required to do so under the UCTD, even if there was no explicit rule in that respect in national law. Cases C-618/10 Banco Español de Crédito, C-49/14 Finanmadrid, C-176/17 Profi Credit Polska and C-632/17 PKO are examples where the Court found that national courts were required to assess the unfairness of contract terms of their own motion even though national law did not provide for such assessment. The question of ex officio control of the unfairness of contract terms is discussed in detail in Section 5.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.