ntr284-C_2019323EN.01000401-E0284
(284) The Court has, however, clarified that, in court proceedings, after being informed about the unfairness of a contract term, consumers may decide not to rely on this protection (See Sections 4.3.3, as well as 5.5.1 and 5.5.5). In Case C-452/18 Ibercaja (pending on 31 May 2019) the Court is called to consider contract terms contained in a novation agreement according to which a consumer waived the right to make restitution claims based on contract terms that may have been unfair in connection with a ‘settlement’ concerning the consequences of an unfair contract term and may give further guidance on this principle.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.