List of Court cases mentioned in this Notice

Case number and name Issues Section in the Notice 1976 33/76 — Rewe v Landwirtschaftskammer für das Saarland Reference for a preliminary ruling: Bundesverwaltungsgericht — Germany 5.3. Obligations stemming from the principle of equivalence 5.4. Ex officio assessment and the effectiveness of remedies 1978 106/77 — Amministrazione delle finanze dello Stato v Simmenthal Discarding by the national court of a law contrary to Community law 2.2. Other provisions of national law 1988 309/85 — Barra v Belgian State Non-discrimination — Access to non-university education — Repayment of amounts unduly paid 4.4. Restitution of advantages obtained through unfair contract terms 1990 C-213/89 — The Queen v Secretary of State for Transport, ex parte Factortame Rights derived from provisions of Community law — Protection by national courts — Power of national courts to grant interim relief when a reference is made for a preliminary ruling 5.3. Obligations stemming from the principle of equivalence 5.4. Ex officio assessment and the effectiveness of remedies 1995 Joined cases C-430/93 and C-431/93 Van Schijndel v Stichting Pensioenfonds voor Fysiotherapeuten Treatment of an occupational pension fund as an undertaking — Compulsory membership of an occupational pension scheme — Compatibility with the rules of competition — Whether a point of Community law may be raised for the first time in cassation, thereby altering the subject-matter of the proceedings and entailing an examination of facts 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.3. Obligations stemming from the principle of equivalence 1997 C-261/95 — Palmisani v INPS Social policy — Protection of employees in the event of the insolvency of their employer — Directive 80/987/EEC — Liability of a Member State arising from belated transposition of a directive — Adequate reparation — Limitation period 5.4. Ex officio assessment and the effectiveness of remedies 1999 C-126/97 — Eco Swiss China Time Ltd v Benetton International NV Competition — Application by an arbitration tribunal, of its own motion, of Article 81 EC (ex Article 85) — Power of national courts to annul arbitration awards 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 2000 Joined cases C-240/98 — Océano Grupo Editorial SA v Roció Murciano Quintero (C-240/98) and Salvat Editores SA v José M. Sánchez Alcón Prades (C-241/98), José Luis Copano Badillo (C-242/98), Mohammed Berroane (C-243/98) and Emilio Viñas Feliú (C-244/98). Unfair terms in consumer contracts — Jurisdiction clause — Power of the national court to examine of its own motion whether that clause is unfair 3.1. Unfairness and transparency in general 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.2. The principle of ex officio control of unfair contract terms 2001 C-144/99 — Commission v Netherlands Failure by a Member State to fulfil its obligations — Directive 93/13/EEC — Unfair terms in consumer contracts — Incomplete transposition of the directive into national law 2.2. Other provisions of national law C-226/99 — Siples Common Customs Code — Appeals — Suspension of implementation of a decision of the customs authorities 5.4. Ex officio assessment and the effectiveness of remedies 2002 C-167/00 — Verein für Konsumenteninformation v Karl Heinz Henkel Brussels Convention — Article 5(3) — Jurisdiction in matters relating to tort, delict or quasidelict — Preventive action by associations — Consumer protection organisation seeking an injunction to prevent a trader from using unfair terms in consumer contracts 6. Injunctions in the collective interest of consumers (Article 7(2) and (3) UCTD) C-255/00 — Grundig Italiana SpA v Ministero delle Finanze Internal taxes contrary to Community law — Recovery of sums paid but not due — National legislation retroactively reducing time-limits for bringing proceedings — Compatibility with the principle of effectiveness 5.4. Ex officio assessment and the effectiveness of remedies C-372/99 — Commission of the European Communities v Italian Republic Failure by a Member State to fulfil its obligations — Directive 93/13/EEC — Unfair terms in contracts concluded with consumers — Means to prevent the use of those clauses 6. Injunctions in the collective interest of consumers (Article 7(2) and (3) UCTD) C-473/00 — Cofidis Action brought by a seller or supplier — National provision prohibiting the national court from finding a term unfair, of its own motion or following a plea raised by the consumer, after the expiry of a limitation period 4.2. The legal effect of ‘not being binding on the consumer’ 5.2. The principle of ex officio control of unfair contract terms C-478/99 — Commission v Sweden Failure by a Member State to fulfil its obligations — Directive 93/13/EEC — Unfair terms in consumer contracts — Obligation to reproduce in national legislation the list of terms which may be regarded as unfair contained in the annex to Directive 93/13 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 2004 C-70/03 — Commission v Spain Failure of a Member State to fulfil obligations — Directive 93/13/EEC — Unfair terms in consumer contracts — Rules of interpretation — Rules concerning conflict of laws 1.2. The Scope of the UCTD 3.1. Unfairness and transparency in general C-237/02 — Freiburger Kommunalbauten GmbH Baugesellschaft & Co. KG v Ludger Hofstetter and Ulrike Hofstetter. Unfair terms in consumer contracts — Contract for the building and supply of a parking space — Reversal of the order of performance of contractual obligations provided for under national law — Clause obliging the consumer to pay the price before the seller or supplier has performed his obligations — Obligation on the seller or supplier to provide a guarantee 3.1. Unfairness and transparency in general 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 2005 C-125/04 — Guy Denuit Reference to the Court — National court or tribunal within the meaning of Article 234 EC — Arbitration panel 5.7. Ex officio control of unfair contract terms and out-of-court proceedings 2006 C-168/05 — Mostaza Claro Unfair terms in consumer contracts — Failure to raise the unfair nature of a term during arbitration proceedings — Possibility of raising that objection in the context of an action brought against the arbitration award 1.1. The objectives of the UCTD 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.2. The principle of ex officio control of unfair contract terms 2007 C-429/05 — Rampion and Godard Directive 87/102/EEC — Consumer credit — Right of the consumer to pursue remedies against the grantor of credit for non-performance or performance not in accordance with the contract relating to the goods or services financed by the credit — Conditions — Indication in the offer of credit of the goods or service being financed — Credit facility enabling the credit granted to be used on a number of occasions — Possibility for the national court to raise of its own motion the right of the consumer to pursue remedies against the grantor of credit Introduction C-432/05 — Unibet (London) Ltd and Unibet (International) Ltd v Justitiekanslern. Principle of judicial protection — National legislation not providing for a self-standing action to challenge the compatibility of a national provision with Community law — Procedural autonomy — Principles of equivalence and effectiveness — Interim protection 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.4. Ex officio assessment and the effectiveness of remedies 2008 C-2/06 — Kempter KG v Hauptzollamt Hamburg-Jonas Export of cattle — Export refunds — Final administrative decision — Interpretation of a judgment of the Court — Effect of a preliminary ruling given by the Court after that decision — Review and withdrawal — Time-limits — Legal certainty — Principle of cooperation — Article 10 EC 5.4. Ex officio assessment and the effectiveness of remedies 2009 C-40/08 — Asturcom Telecomunicaciones Consumer contracts — Unfair arbitration clause — Measure void — Arbitration award which has become final — Enforcement — Whether the national court responsible for enforcement can consider of its own motion whether the unfair arbitration clause is null and void — Principles of equivalence and effectiveness 1.1. The objectives of the UCTD 4.1. The nature and role of Article 6(1) UCTD in the protection against unfair contract terms 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.2. The principle of ex officio control of unfair contract terms 5.3. Obligations stemming from the principle of equivalence 5.4. Ex officio assessment and the effectiveness of remedies 5.7. Ex officio control of unfair contract terms and out-of-court proceedings Case C-227/08, Martín Martín Article 4 — Consumer protection — Contracts negotiated away from business premises — Right of cancellation — Obligation on the trader to give notice of that right — Contract void — Appropriate measures Introduction C-243/08 — Pannon GSM Zrt. v Erzsébet Sustikné Győrfi Unfair terms in consumer contracts — Legal effects of an unfair term — Power of and obligation on the national court to examine of its own motion the unfairness of a term conferring jurisdiction — Criteria for assessment 1.1. The objectives of the UCTD 3.1. Unfairness and transparency in general 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 4.2. The legal effect of ‘not being binding on the consumer’ 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties 5.2. The principle of ex officio control of unfair contract terms 5.5. What does ex officio control imply? 2010 C-76/10 — Pohotovosť s.r.o. v Iveta Korčkovská. Directive 93/13/EEC — Unfair terms — Directive 2008/48/EC — Directive 87/102/EEC — Consumer credit contracts — Annual percentage rate of charge — Arbitration proceedings — Arbitration award — Power of the national court to examine of its own motion whether certain terms are unfair Introduction 3.2. Contract terms relating to the main subject matter of the contract or the price and remuneration (Article 4(2) UCTD) 3.3. Transparency requirements 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 4.2. The legal effect of ‘not being binding on the consumer’ 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.3. Obligations stemming from the principle of equivalence 5.4. Ex officio assessment and the effectiveness of remedies C-137/08 — VB Pénzügyi Lízing Zrt. v Ferenc Schneider. Criteria for assessment — Examination by the national court of its own motion of the unfairness of a term conferring jurisdiction — Article 23 of the Statute of the Court of Justice 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.2. The principle of ex officio control of unfair contract terms 5.5. What does ex officio control imply? Joined Cases C-317/08, C-318/08, C-319/08 and C-320/08, Rosalba Alassini v Telecom Italia SpA, Filomena Califano v Wind SpA, Lucia Anna Giorgia Iacono v Telecom Italia SpA and Multiservice Srl v Telecom Italia SpA Principle of effective judicial protection — Electronic communications networks and services — Directive 2002/22/EC — Universal Service — Disputes between end-users and providers — Mandatory to attempt an out-of-court settlement 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.7. Ex officio control of unfair contract terms and out-of-court proceedings C-484/08 — Caja de Ahorros y Monte de Piedad de Madrid v Asociación de Usuarios de Servicios Bancarios (Ausbanc). Consumer contracts — Article 4(2) — Terms defining the main subject-matter of the contract — Assessment by the courts as to their unfairness — More stringent national provisions designed to afford a higher level of consumer protection 2.1. Minimum harmonisation and extension of scope (Article 8 and 8a UCTD), including the role of national supreme courts 3.1. Unfairness and transparency in general 3.3. Transparency requirements C-542/08 — Barth v Bundesministerium für Wissenschaft und Forschung Freedom of movement for persons — Workers — Equal treatment — Special length-of-service increment for university professors provided for by national legislation held to be incompatible with Community law by a judgment of the Court — Limitation period — Principles of equivalence and effectiveness 5.4. Ex officio assessment and the effectiveness of remedies 2012 C-453/10 — Pereničová and Perenič v SOS financ spol. s r. o. Consumer credit agreement — Incorrect statement of annual percentage rate of charge — Effect of unfair commercial practices and unfair terms on the validity of the contract as a whole 1.2. The Scope of the UCTD 2.1. Minimum harmonisation and extension of scope (Article 8 and 8a UCTD), including the role of national supreme courts 2.2. Other provisions of national law 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general C-472/10 — Nemzeti Fogyasztóvédelmi Hatóság v Invitel Távközlési Zrt Article 3(1) and (3) — Articles 6 and 7 — Consumer contracts — Unfair terms — Unilateral amendment of the terms of a contract by a seller or supplier — Action for an injunction brought in the public interest and on behalf of consumers by a body appointed by national legislation — Declaration of the unfair nature of a term — Legal effects 3.1. Unfairness and transparency in general 3.3. Transparency requirements 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 6. Injunctions in the collective interest of consumers (Article 7(2) and (3) UCTD) C-472/11 — Banif Plus Bank Zrt v Csaba Csipai and Viktória Csipai Examination by the national court, of its own motion, as to whether a term is unfair — Obligation on the national court, once it has found, of its own motion, that a term is unfair, to invite the parties to submit their observations before drawing conclusions from that finding — Contractual terms to be taken into account in the assessment of that unfairness 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 4.1. The nature and role of Article 6(1) UCTD in the protection against unfair contract terms 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties 5.2. The principle of ex officio control of unfair contract terms 5.5. What does ex officio control imply? C-618/10 — Banco Español de Crédito SA v Joaquín Calderón Camino Consumer contracts — Unfair term concerning interest on late payments — Order for payment procedure — Powers of the national court 2.2. Other provisions of national law 4.1. The nature and role of Article 6(1) UCTD in the protection against unfair contract terms 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.4. Ex officio assessment and the effectiveness of remedies 5.5. What does ex officio control imply? 2013 C-32/12 — Duarte Hueros Directive 1999/44/EC — Rights of the consumer in the event of lack of conformity in a product — Minor nature of that lack of conformity — Rescission of the contract not possible — Powers of the national courts Introduction 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general C-59/12 — Zentrale zur Bekämpfung unlauteren Wettbewerbs Directive 2005/29/EC — Unfair commercial practices — Scope — Misleading information circulated by a health insurance fund which is part of the statutory social security system — Fund established as a public law body 1.2. The scope of the UCTD C-92/11 — RWE Vertrieb AG v Verbraucherzentrale Nordrhein-Westfalen eV Directive 2003/55/EC — Internal market in natural gas — Directive 93/13/EEC — Articles 1(2) and 3 to 5 — Contracts between suppliers and consumers — General conditions — Unfair terms — Unilateral alteration by the supplier of the price of the service — Reference to mandatory legislation designed for another category of consumers — Applicability of Directive 93/13 — Obligation of use of plain and intelligible language and transparency 1.2. The scope of the UCTD 3.3. Transparency requirements 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties 4.4. Restitution of advantages obtained through unfair contract terms C-143/13 — Bogdan Matei and Ioana Ofelia Matei v SC Volksbank România SA Unfair terms in contracts concluded between a seller or supplier and a consumer — Article 4(2) — Assessment of the unfairness of contractual terms — Exclusion of terms relating to the main subject-matter of the contract or the adequacy of the price and remuneration as long as they are in plain intelligible language — Terms including a ‘risk charge’ charged by the lender and authorising it, under certain conditions, unilaterally to alter the interest rate 2.1. Minimum harmonisation and extension of scope (Article 8 and 8a UCTD), including the role of national supreme courts 3.1. Unfairness and transparency in general 3.2. Contract terms relating to the main subject matter of the contract or the price and remuneration (Article 4(2) UCTD) 3.3. Transparency requirements 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD C-397/11 — Erika Jőrös v Aegon Magyarország Hitel Zrt Unfair terms in consumer contracts — Examination by the national court, of its own motion, as to whether a contractual term is unfair — Consequences to be drawn by the national court from a finding that the term is unfair 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.2. The principle of ex officio control of unfair contract terms 5.3. Obligations stemming from the principle of equivalence 5.5. What does ex officio control imply? C-413/12 — Asociación de Consumidores Independientes de Castilla y León v Anuntis Segundamano España SL Action seeking an injunction brought by a regional consumer protection association — Jurisdiction of local courts — No remedy against a decision declining jurisdiction delivered at first instance — Procedural autonomy of the Member States — Principles of equivalence and effectiveness 5.4. Ex officio assessment and the effectiveness of remedies 6. Injunctions in the collective interest of consumers (Article 7(2) and (3) UCTD) C-415/11 — Mohamed Aziz v Caixa d'Estalvis de Catalunya, Tarragona i Manresa (Catalunyacaixa) Consumer contracts — Mortgage loan agreement — Mortgage enforcement proceedings — Powers of the court hearing the declaratory proceedings — Unfair terms — Assessment criteria 3.1. Unfairness and transparency in general 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.2. The principle of ex officio control of unfair contract terms 5.4. Ex officio assessment and the effectiveness of remedies C-488/11 — Asbeek Brusse and de Man Garabito Unfair terms in consumer contracts — Residential tenancy agreement between a landlord acting on a commercial basis and a tenant acting on a non-commercial basis — Examination by the national court, of its own motion, as to whether a contractual term is unfair — Penalty clause — Annulment of the clause 1.1. The objectives of the UCTD 1.2. The scope of the UCTD 4.1. The nature and role of Article 6(1) UCTD in the protection against unfair contract terms 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.3. Obligations stemming from the principle of equivalence 5.5. What does ex officio control imply? Joined Cases C-537/12 and C-116/13 Banco Popular Español SA v Maria Teodolinda Rivas Quichimbo and Wilmar Edgar Cun Pérez and Banco de Valencia SA v Joaquín Valldeperas Tortosa and María Ángeles Miret Jaume Article 99 of the Rules of Procedure of the Court of Justice — Consumer contracts — Mortgage loan agreement — Mortgage enforcement proceedings — Powers of the national court responsible for enforcement — Unfair terms — Criteria for assessment 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 2014 C-26/13 — Kásler and Káslerné Rábai Unfair terms in a contract concluded between a seller or supplier and a consumer — Articles 4(2) and 6(1) — Assessment of the unfairness of the contractual terms — Exclusion of terms relating to the main subject matter of the contract or the adequacy of the price and the remuneration provided they are drafted in plain intelligible language — Consumer credit contracts denominated in foreign currency — Terms relating to the exchange rate — Difference between the buying rate of exchange applicable to the advance of the loan and the selling rate of exchange applicable to its repayment — Powers of the national court when dealing with a term considered to be unfair — Substitution of the unfair term by a supplementary provision of national law — Whether lawful 1.1. The objectives of the UCTD 1.2. The scope of the UCTD 2.2. Other provisions of national law 3.2. Contract terms relating to the main subject matter of the contract or the price and remuneration (Article 4(2) UCTD) 3.3. Transparency requirements 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties C-34/13 — Kušionová v SMART Capital Consumer credit agreement — Article 1(2) — Term reflecting a mandatory statutory provision — Scope of the directive — Articles 3(1), 4, 6(1) and 7(1) — Security for credit in the form of a charge on immovable property — Whether it is possible to enforce the charge by means of a sale by auction — Judicial review 1.2. The scope of the UCTD 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.4. Ex officio assessment and the effectiveness of remedies C-169/14 — Sánchez Morcillo and Abril García Article 7 — Charter of Fundamental Rights of the European Union — Article 47 — Consumer contracts — Mortgage loan agreement — Unfair terms — Mortgage enforcement proceedings — Right to an appeal 1.1. The objectives of the UCTD 4.1. The nature and role of Article 6(1) UCTD in the protection against unfair contract terms 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.4. Ex officio assessment and the effectiveness of remedies C-226/12 — Constructora Principado SA v José Ignacio Menéndez Álvarez Consumer contracts — Contract for the purchase of immovable property — Unfair terms — Criteria for assessment 3.1. Unfairness and transparency in general 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD C-280/13 — Barclays Bank v Sara Sánchez García and Alejandro Chacón Barrera Thirteenth recital in the preamble — Article 1(2) — Consumer contracts — Mortgage loan agreement — Mortgage enforcement proceedings — National statutory and regulatory provisions — Contractual balance 1.2. The scope of the UCTD 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties 5.4. Ex officio assessment and the effectiveness of remedies C-342/13 — Katalin Sebestyén v Zsolt Csaba Kővári and Others Contract for a mortgage loan concluded with a bank — Clause providing for the exclusive competence of a single arbitration tribunal — Information on the arbitration procedure provided by the bank at the conclusion of the contract — Unfair terms — Criteria for assessment 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD Joined Cases C-359/11 and C-400/11 — Alexandra Schulz v Technische Werke Schussental GmbH und Co. KG and Josef Egbringhoff v Stadtwerke Ahaus GmbH Directives 2003/54/EC and 2003/55/EC — Consumer protection — Internal market in electricity and natural gas — National legislation determining the content of consumer contracts covered by a universal supply obligation — Unilateral adjustment of the price of the service by the seller or supplier — Information, with adequate notice before the adjustment comes into effect, as to the reasons and preconditions for that adjustment and its scope 3.3. Transparency requirements C-470/12 — Pohotovosť s. r. o. v Miroslav Vašuta Consumer credit contract — Unfair terms — Directive 93/13/EEC — Enforcement of an arbitration award — Application for leave to intervene in enforcement proceedings — Consumer protection association — National legislation which does not allow such an intervention — Procedural autonomy of the Member States 5.4. Ex officio assessment and the effectiveness of remedies 6. Injunctions in the collective interest of consumers (Article 7(2) and (3) UCTD) 2015 C-32/14 — ERSTE Bank Hungary v Attila Sugár Unfair terms in consumer contracts concluded between a seller or supplier and a consumer — Mortgage loan agreement — Article 7(1) — Stopping the use of unfair terms — Adequate and effective means — Acknowledgement of the debt — Notarised instrument — Affixation of the enforcement clause by a notary — Enforceable order — Notary's obligations — Examination by the national court of its own motion of unfair terms — Judicial review — Principles of equivalence and effectiveness 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.2. The principle of ex officio control of unfair contract terms 5.4. Ex officio assessment and the effectiveness of remedies 5.7. Ex officio control of unfair contract terms and out-of-court proceedings C-74/15 — Tarcău Article 1(1) and Article 2(b) — Unfair terms in consumer contracts — Contracts of guarantee or providing security concluded with a credit institution by natural persons acting for purposes outside their trade, business or profession and not having any link of a functional nature with the commercial company in respect of which they act as guarantors or sureties 1.2. The scope of the UCTD C-96/14 — Jean-Claude Van Hove v CNP Assurances SA Insurance contract — Article 4(2) — Assessment of the unfairness of contractual terms — Exclusion of terms relating to the main subject-matter of the contract — Term intended to ensure that mortgage loan repayments are covered — Borrower's total incapacity for work — Exclusion from cover in the event of recognised fitness to undertake an activity, paid or otherwise 3.2. Contract terms relating to the main subject matter of the contract or the price and remuneration (Article 4(2) UCTD) C-110/14 — Costea Article 2(b) — Concept of ‘consumer’ — Credit agreement concluded by a natural person who practises as a lawyer — Repayment of a loan secured on a building owned by the borrower's law firm — Borrower who has the necessary knowledge to assess the unfairness of a term before signing the agreement 1.1. The objectives of the UCTD 1.2. The scope of the UCTD C-348/14 — Maria Bucura v SC Bancpost SA Directive 87/102/EEC — Article 1(2)(a) — Consumer credit — Concept of ‘consumer’ — Directive 93/13/EEC — Articles 2(b), 3 to 5 and 6(1) — Unfair terms — Examination by the national court of its own motion — Terms drafted ‘in plain, intelligible language’ — Information which the creditor must provide 3.2. Contract terms relating to the main-subject-matter of the contract or the price and remuneration (Article 4(2) UCTD) 3.3. Transparency requirements 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD Joined Cases C-482/13, C-484/13, C-485/13 and C-487/13 Unicaja Banco, SA v José Hidalgo Rueda and Others and Caixabank SA v Manuel María Rueda Ledesma and Others Contracts concluded between sellers or suppliers and consumers — Mortgage contracts — Default interest clauses — Unfair terms — Mortgage enforcement proceedings — Moderation of the amount of interest — Powers of the national court 2.2. Other provisions of national law 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties C-497/13 — Froukje Faber v Autobedrijf Hazet Ochten BV Directive 1999/44/EC — Sale of consumer goods and associated guarantees — Status of the purchaser — Consumer status — Lack of conformity of the goods delivered — Duty to inform the seller — Lack of conformity which became apparent within six months of delivery of the goods — Burden of proof Introduction 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.5. What does ex officio control imply? C-537/13 — Šiba Scope — Consumer contracts — Contract for the provision of legal services concluded between a lawyer and a consumer 1.2. The scope of the UCTD C-567/13 — Baczó and Vizsnyiczai v Raiffeisen Bank Zrt Article 7 — Mortgage loan agreement — Arbitration clause — Unfairness — Action by consumer — National procedural rule — Lack of jurisdiction of the court hearing the action by a consumer for a declaration of invalidity of a standard contract to hear the application for a declaration of unfairness of terms in the same contract 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.4. Ex officio assessment and the effectiveness of remedies C-602/13 — (BBVA) Banco Bilbao Vizcaya Argentaria SA v Fernando Quintano Ujeta and María Isabel Sánchez García Contractual relationship between a seller or a supplier and a consumer — Mortgage contract — Default interest clause — Early repayment clause — Mortgage enforcement proceedings — Moderation of the amount of interest — Powers of the national court) 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.4. Ex officio assessment and the effectiveness of remedies 2016 C-7/16 — Banco Popular Español and PL Salvador S.A.R.L. v Maria Rita Giraldez Villar and Modesto Martínez Baz Article 99 of the Rules of Procedure of the Court of Justice — Directive 93/13/EEC — Unfair terms — Assignment of a claim — Right of the debtor to extinguish his debt — Conditions governing the exercise of that right 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties C-49/14 — Finanmadrid EFC SA v Jesús Vicente Albán Zambrano and Others Unfair terms — Order for payment procedure — Enforcement proceedings — Powers of the national court responsible for enforcement to raise of its own motion the fact that the unfair term is invalid — Principle of res judicata — Principle of effectiveness — Charter of Fundamental Rights of the European Union — Judicial protection 2.2. Other provisions of national law 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.4. Ex officio assessment and the effectiveness of remedies 5.5. What does ex officio control imply? C-119/15 — Biuro podróży Partner Sp. z o.o, Sp. komandytowa w Dąbrowie Górniczej v Prezes Urzędu Ochrony Konkurencji i Konsumentów Directive 93/13/EEC — Directive 2009/22/EC — Consumer protection — Erga omnes effect of unfair terms entered in a public register — Financial penalty imposed on a seller or supplier having used a term held to be equivalent to a term in the register — Seller or supplier who was not a party to the proceedings giving rise to the declaration that the term in question was unfair — Article 47 of the Charter of Fundamental Rights of the European Union — Concept of ‘court or tribunal against whose decisions there is no judicial remedy under national law’ 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.5. What does ex officio control imply? 6. Injunctions in the collective interest of consumers (Article 7(2) and (3) UCTD) C-122/14 — Aktiv Kapital Portfolio AS, Oslo, succursale à Zug, formerly Aktiv Kapital Portfolio Invesment v Angel Luis Egea Torregrosa Unfair terms in consumer contracts — Order for payment procedure — Enforcement proceedings — Powers of the national court responsible for enforcement to raise of its own motion the fact that the unfair term is invalid — Principle of effectiveness — Principle of res judicata) 5.4. Ex officio assessment and the effectiveness of remedies Joined Cases C-154/15, C-307/15 and C-308/15 Gutierrez Naranjo and Others Consumer contracts — Mortgage loans — Unfair terms — Article 4(2) — Article 6(1) — Declaration of nullity — Limitation by the national court of the temporal effects of the declaration of nullity of an unfair term 1.1. The objectives of the UCTD 3.3. Transparency requirements 4.1. The nature and role of Article 6(1) UCTD in the protection against unfair contract terms 4.2. The legal effect of ‘not being binding on the consumer’ 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties 4.4. Restitution of advantages obtained through unfair contract terms 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.2. The principle of ex officio control of unfair contract terms 5.4. Ex officio assessment and the effectiveness of remedies 5.5. What does ex officio control imply? C-168/15 — Tomášová v Slovenská republika Credit agreement containing an unfair term — Enforcement of an arbitration award in accordance with that term — Member State liability for damage caused to individuals by breaches of EU law attributable to a national court — Conditions of engagement — Existence of a sufficiently serious breach of EU law 2.2. Other provisions of national law 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.2. The principle of ex officio control of unfair contract terms 5.4. Ex officio assessment and the effectiveness of remedies C-191/15 — Verein für Konsumenteninformation v Amazon EU Sàrl Judicial cooperation in civil matters — Regulations (EC) No 864/2007 and (EC) No 593/2008 — Consumer protection — Directive 93/13/EEC — Data protection — Directive 95/46/EC — Online sales contracts concluded with consumers resident in other Member States — Unfair terms — General terms and conditions containing a choice-of-law term applying the law of the Member State in which the company is established — Determination of the applicable law for assessing the unfairness of terms in those general terms and conditions in an action for an injunction — Determination of the law governing the processing of personal data of consumers 1.2. The scope of the UCTD 2.1. Minimum harmonisation and extension of scope (Article 8 and 8a UCTD), including the role of national supreme courts 3.1. Unfairness and transparency in general 3.3. Transparency requirements 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 6. Injunctions in the collective interest of consumers (Article 7(2) and (3) UCTD) C-377/14 Radlinger Radlingerová v Finway a.s. Article 7 — National rules governing insolvency proceedings — Debts arising from a consumer credit agreement — Effective judicial remedy — Point 1(e) of the annex — Disproportionate amount of compensation — Directive 2008/48/EC — Article 3(l) — Total amount of credit — Point I of Annex I — Amount of drawdown — Calculation of the annual percentage rate — Article 10(2) — Obligation to provide information — Ex officio examination — Penalty Introduction 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.4. Ex officio assessment and the effectiveness of remedies 5.5. What does ex officio control imply? Joined Cases C-381/14 and C-385/14 — Jorge Sales Sinués and Youssouf Drame Ba v Caixabank SA and Catalunya Caixa SA (Catalunya Banc S.A.) Rectification order 6. Injunctions in the collective interest of consumers (Article 7(2) and (3) UCTD) C-534/15 — Dumitraş Article 1(1) — Article 2(b) — Status of consumer — Assignment of a debt by novation of loan agreements — Contracts providing immovable property as security entered into by individuals not having any professional relationship with the new debtor company 1.2. The scope of the UCTD Joined Cases C-568/14 to C-570/14 Ismael Fernández Oliva and Others v Caixabank SA and Others Article 99 of the Rules of Procedure of the Court of Justice — Contracts concluded between sellers or suppliers and consumers — Mortgage contracts — ‘Floor’ clause — Collective proceedings — Individual action with the same subject matter — Interim relief 5.4. Ex officio assessment and the effectiveness of remedies 5.5. What does ex officio control imply? 6. Injunctions in the collective interest of consumers (Article 7(2) and (3) UCTD) C-689/13 — PFE (Puligienica Facility Esco SpA) v Airgest SpA Directive 89/665/EEC — Article 1(1) and (3) — Review procedures — Application for annulment of the decision awarding a public contract by a tenderer whose bid was not successful — Counterclaim brought by the successful tenderer — — Principle of the primacy of EU law 2.2. Other provisions of national law 2017 C-186/16 — Andriciuc and Others Article 3(1) and Article 4(2) — Assessment of the unfairness of contractual terms — Loan agreement concluded in a foreign currency — Exchange rate risk born entirely by the consumer — Significant imbalance in the parties' rights and obligations arising under the contract — Time at which the imbalance must be assessed — Scope of the concept of terms drafted in ‘plain intelligible language’ — Level of information to be procured by the bank 1.2. The scope of the UCTD 3.1. Unfairness and transparency in general 3.2. Contract terms relating to the main subject matter of the contract or the price and remuneration (Article 4(2) UCTD) 3.3. Transparency requirements 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties C-290/16 — Air Berlin Transport — Common rules for the operation of air services in the European Union — Regulation (EC) No 1008/2008 — Provisions on pricing — Article 22(1) — Article 23(1) — Information required on presentation of fares and rates available to the general public — Obligation to indicate the actual sum of taxes, charges, surcharges or fees — Pricing freedom — Invoicing of handling fees in the event of cancellation of a flight booking by a passenger or failure to present for boarding — Consumer protection 1.2. The scope of the UCTD C-421/14 — Banco Primus SA v Jesús Gutiérrez García Contracts concluded between sellers or suppliers and consumers — Unfair terms — Mortgage loan agreements — Mortgage enforcement proceedings — Limitation period — Function of the national courts — Res judicata 1.1. The objectives of the UCTD 3.1. Unfairness and transparency in general 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 4.1. The nature and role of Article 6(1) UCTD in the protection against unfair contract terms 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.2. The principle of ex officio control of unfair contract terms 5.4. Ex officio assessment and the effectiveness of remedies C-446/17 — Woonhaven Antwerpen BV CVBA v Khalid Berkani and Asmae Hajji Article 99 of the Rules of Procedure of the Court of Justice — Unfair terms — Rental contract concluded between a recognised social housing association and a tenant — Model rental contract made binding by an act of national legislation — Directive 93/13/EEC — Article 1(2) — Inapplicability of that directive 1.2. The scope of the UCTD 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties under the contract Case C-503/15 Margarit Panicello Article 267 TFEU — Registrar — Definition of ‘a court or tribunal’ — Compulsory jurisdiction — Exercise of judicial functions — Independence — Lack of jurisdiction of the Court 5.7. Ex officio control of unfair contract terms and out-of-court proceedings C-535/16 — Bachman Article 2(b) — Unfair terms in consumer contracts — Notion of ‘consumer’ — Natural person having concluded an agreement for novation with a credit institution in order to meet repayment obligations to that institution in respect of credit obtained by a commercial company 1.2. The scope of the UCTD 2018 C-51/17 — OTP Bank and OTP Faktoring Követeléskezelő Zrt v Teréz Ilyés and Emil Kiss Scope — Article 1(2) — Mandatory statutory or regulatory provisions — Article 3(1) — Concept of ‘contractual term which has not been individually negotiated’ — Term incorporated in the contract after its conclusion following the intervention of the national legislature — Article 4(2) — Plain and intelligible drafting of a term — Article 6(1) — Examination by the national court of its own motion as to whether a term is unfair — Loan contract denominated in a foreign currency concluded between a seller or supplier and a consumer 1.2. The scope of the UCTD 3.3. Transparency requirements 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties Joined Cases C-96/16 and C-94/17 Banco Santander Escobedo Cortés Unfair terms — Scope — Assignment of debts — Loan agreement concluded with a consumer — Criteria for assessing the unfairness of a contractual term setting the default interest rate — Consequences of that unfairness 1.1. The objectives of the UCTD 2.1. Minimum harmonisation and extension of scope (Article 8 and 8a UCTD), including the role of national supreme courts 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties C-147/16 — Karel de Grote — Hogeschool Katholieke Hogeschool Antwerpen Unfair terms in consumer contracts concluded between a seller or supplier and a consumer — Examination by the national court of its own motion of the question of whether the contract is within the scope of that directive — Article 2(c) — Notion of ‘seller or supplier’ — Higher educational establishment financed mainly by public funds — Contract for an interest-free repayment plan for registration fees and share of costs of a study trip 1.1. The objectives of the UCTD 1.2. The scope of the UCTD C-119/17 — Liviu Petru Lupean, Oana Andreea Lupean v. SC OTP BAAK Nyrt., Unfair terms in consumer contracts — Article 3(1), Article 4(1) and Article 5 — Assessment of the unfair character of contract terms — Credit agreement concluded in a foreign currency — Exchange rate risk entirely imposed on the consumer — Significant imbalance in the parties' rights and obligations under the contract — main subject matter of the credit agreement 3.2. Contract terms relating to the main subject matter of the contract or the price and remuneration (Article 4(2) UCTD) 3.3. Transparency requirements 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD C-176/17 — Profi Credit Polska S.A. w Bielsku Białej v Mariusz Wawrzosek Unfair terms in consumer contracts — Directive 2008/48/EC — Order for payment procedure founded on a promissory note that secures the obligations arising from a consumer credit agreement 2.2. Other provisions of national law 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.4. Ex officio assessment and the effectiveness of remedies 5.5. What does ex officio control imply? C-448/17 — EOS KSI Slovensko s.r.o. v Ján Danko and Margita Danková Unfair terms — Article 4(2) and Article 5 — Obligation to draft terms in plain intelligible language — Article 7 — Actions brought before the courts by persons or organisations having a legitimate interest in protecting consumers against the use of unfair terms — National law making the possibility for a consumer protection association to intervene in the proceedings subject to the consumer's consent — Consumer credit — Directive 87/102/EEC — Article 4(2) — Obligation to indicate the annual percentage rate in the written agreement — Agreement containing only a mathematical formula for calculating the annual percentage rate without the information necessary to make that calculation 3.3. Transparency requirements 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.3. Obligations stemming from the principle of equivalence 5.4. Ex officio assessment and the effectiveness of remedies 5.7. Ex officio control of unfair contract terms and out-of-court proceedings 6. Injunctions in the collective interest of consumers (Article 7(2) and (3) UCTD) C-483/16 — Sziber v ERSTE Bank Hungary Zrt Article 7(1) — Loan agreements denominated in foreign currency — National legislation providing for specific procedural requirements when the fairness of terms is challenged — Principle of equivalence — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection 4.4. Restitution of advantages obtained through unfair contract terms 5.5. What does ex officio control imply? C-632/17 — Powszechna Kasa Oszczędności (PKO) Bank Polski S.A. w Warszawie v Jacek Michalski Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Directive 2008/48/EC — Order for payment procedure based on bank ledger excerpts — Impossible for the court, in the absence of an action brought by a consumer, to examine the unfairness of the contractual terms 2.2. Other provisions of national law 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general 5.4. Ex officio assessment and the effectiveness of remedies 5.5. What does ex officio control imply? 2019 Joined cases C-70/17 and C-179/17 — Abanca Corporación Bancaria SA v Alberto García Salamanca Santos and Bankia SA v Alfonso Antonio Lau Mendoza and Verónica Yuliana Rodríguez Ramírez Articles 6 and 7 — Unfair terms in consumer contracts — Accelerated repayment clause of a mortgage loan contract — Declaration that the clause is unfair in part — Powers of the national court when dealing with a term regarded as ‘unfair’ — Replacement of the unfair term with a provision of national law 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties 5.5. What does ex officio control imply? C-118/17 — Dunai v ERSTE Bank Hungary Zrt Article 1(2) — Article 6(1) — Loan contract denominated in a foreign currency — Exchange difference — Substitution of a legislative provision for an unfair term declared void — Exchange rate risk — Continued existence of the contract after the unfair term has been deleted — National system for a uniform interpretation of law 1.2. The scope of the UCTD 2.2. Other provisions of national law 3.2. Contract terms relating to the main subject matter of the contract or the price and remuneration (Article 4(2) UCTD) 3.3. Transparency requirements 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties 5.2. The principle of ex officio control of unfair contract terms 5.6. Implications of ex officio control, effectiveness and equivalence for the national rules of procedure Case C-266/18 — Aqua Med sp.z.o.o. Article 1(2) — Scope of the directive — Contractual term conferring territorial jurisdiction on the court determined pursuant to the general rules — Article 6(1) — Review of unfairness of the court's own motion — Article 7(1) — Obligations and powers of the national court 1.2. The scope of the UCTD 3.4. Unfairness assessment under Articles 3 and 4(1) UCTD 5.4. Ex officio assessment and the effectiveness of remedies C-590/17 — Pouvin and Dijoux Scope — Article 2(b) and (c) — Concepts of ‘consumer’ and of ‘seller or supplier’ — Finance for the purchase of a home — Mortgage loan granted by an employer to its employee and to his spouse, the jointly and severally liable co-borrower 1.2. The scope of the UCTD Cases pending on 31 May 2019 C-125/18 — Gómez del Moral Guasch Article 1 (2) — Article 4 (2) — Article 6 (1) — Article 7 (1) — Article 8 1.2. The scope of the UCTD 3.3. Transparency requirements C-260/18 — Dziubak Article 1(2) — Article 6(1) 4.3. Consequences of the unfairness of contract terms for the rights and obligations of the parties C-272/18 — Verein für Konsumenteninformation Concerning fiduciary agreements concluded between a managing partner and other limited partners in a limited partnership under German law 1.2. The scope of the UCTD C-452/18 — Ibercaja Banco Annex paragraph (q) — Article 3 — Article 4 (2) — Article 6 1.2. The scope of the UCTD 4.2. The legal effect of ‘not being binding on the consumer’ Joined cases C-453/18 and C-494/18 — Bondora Article 6(1) — Article 7(1) 5.1. The significance of Articles 6(1) and 7(1) UCTD and of the principles of equivalence and effectiveness in general Joined cases C-698/18 — Raiffeisen Bank SA and C-699/18 BRD Groupe Societe Generale SA Article 2 point (b) — Article 6(1) — Article 7(2) — Article 8 — Recitals 12, 21 and 23 5.4. Ex officio assessment and the effectiveness of remedies C-779/18 — Mikrokasa and Revenue Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamknięty w Warszawie Article 1(2) 1.2. The scope of the UCTD C-829/18 — Crédit Logement Article 1(2) — Article 3(1) — Article 4 — Article 5 — Article 6(1) — Article 7(1) — point 1(i) of the Annex 3.3. Transparency requirements C-81/19 — Banca Transilvania Article 1(2) — Article 3(1) — Article 4 — Article 5 — Article 6(1) — Article 7(1) — point 1(i) of the Annex 1.2. The scope of the UCTD C-84/19 — Profi Credit Polska Article 1(2) — Article 3(1) Article 4(2) - Directive 2008/48/EC 3.2. Contract terms relating to the main subject matter of the contract or the price and remuneration (Article 4(2) UCTD)

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07