lexiara

ntr453-C_2019323EN.01000401-E0453

(453) This follows already from the formula through which the Court defines the presence of a significant risk. Furthermore, the fact that unawareness or lack of appreciation of the extent of consumer or procedural rights can in itself justify ex officio intervention. The Court confirmed this in Joined Cases C-568/14 to C-570/14 Ismael Fernández Oliva, paragraph 33, when it stated that ‘[…], in view of the conduct and complexities of the national procedure in question in the main proceedings, […], there is a not insignificant risk that the consumer concerned may not make such an application, even though the substantive conditions required under national law for the grant of interim relief may be satisfied, because he is unaware of or does not appreciate the extent of his rights.’

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.