sec_5_4_1__para__10
COMMISSION NOTICE Guidance on the interpretation and application of Council Directive 93/13/EEC on unfair terms in consumer contracts · European Union
Regarding specifically mortgage enforcement, the Court (411) considered it acceptable, in principle, that enforcement proceedings can be initiated based on a notarial deed without prior judicial ex officio control of unfair contract terms. However, this is compatible with the UCTD only insofar as consumers can take legal action against such enforcement under reasonable conditions, including the availability of interim measures, and if ex officio control of the unfairness of contract terms is guaranteed in the ensuing declaratory proceedings.
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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.