sec_4_3_2__para__3
COMMISSION NOTICE Guidance on the interpretation and application of Council Directive 93/13/EEC on unfair terms in consumer contracts · European Union
A contract cannot be performed, i.e. ‘cannot continue in existence’, if a term defining its main subject matter or a term that is essential for the calculation of the remuneration to be paid by the consumer is removed (306). This applies, for instance, to the designation of the currency in which payments have to be made (307) or to a term determining the exchange rate in order to calculate the repayment instalments for a loan denominated in a foreign currency (308).
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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.