All interested ones were eagerly waiting for this solution. Today the Court of Justice of the European Union commented on the interpretation of the rules Directive 93/13, on unfair terms in consumer contracts.
The TEU received questions from the Gdańsk District Court in response to the case of borrowers who concluded a mortgage credit agreement indexed to a Swiss franc, with the legal predecessor of Bank BPH. The Gdańsk court asked, inter alia, whether it is possible to exclude the application of the contractual provisions relating to the bank’s margin itself while maintaining the validity of the index clause and the contract, while judicial intervention in this respect would result in a change in the meaning of that condition.
As the Court’s ruling states, Directive 93/13, concerning the protection of consumers against unfair terms in contracts, does not require that a national court excludes from the contract, in addition to a condition deemed to be unfair, conditions which have not been recognised as such.
In addition, the CJEU stated that the effects of the finding by the national court of the existence of a unfair condition in a contract concluded between an entrepreneur and a consumer are subject to national law and that the question of the continuation of such a contract should be assessed by the national court on its own initiative.
Finally, it is for the national court to inform the consumer, within the framework of national procedural standards and following an adversarial debate, of the legal consequences that such an agreement may entail, regardless of whether the consumer is represented by a professional proxy.
The judgment is important enough to affect the ruling of the Supreme Court, which 07 and 11 May 2021 will comment on the annulment of the agreement and the consequences thereof.
The totality of the TEU judgment in the case C-19/20: CURIA - Documents (europa.eu)
Author: Katarzyna Kołbuś. Editor leading RB Magazine. From Over 10 years related to industry press, including the Financial Gazette and portal ipip.com.pl, which focuses on finance, taxation, law, politics and the economy