ntr324-C_2019323EN.01000401-E0324
COMMISSION NOTICE Guidance on the interpretation and application of Council Directive 93/13/EEC on unfair terms in consumer contracts · European Union
(324) In Case C-118/17 Dunai, paragraphs 53-55, the consumer's interest in the nullity of the contract seemed to coincide with consumer's request. In his opinion of 14 May 2019 in Case C-260/18 Dziubak, paragraph 67, Advocate General Pitruzzella considers the consumer's preference to be decisive. In Joined Cases C-70/17 and C-179/17 Abanca Corporación Bancaria, paragraphs 61 and 62, the Court refers to an assessment to be carried out by the national judge, in light of the applicable national law, but does not exclude that the national judge raises this question with the consumer.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.