Unfair clauses

Credit agreements and Directive 93/13 on unfair terms in consumer contracts

Article Date: 27-06-2016
Categories: Consumer Law Contract Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Justice delivered on 21 April 2016 its judgment in case C‑377/14, Ernst Georg Radlinger, Helena Radlingerová v Finway a.s., which is notably about Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The facts were the following. In 2011, the ... [Read All]

A time-limit calculated from the day following the publication of a law breaches the Directive on unfair terms

Article Date: 01-02-2016
Categories: Contract Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Justice delivered on 29 October 2015 its judgment in case C‑8/14, BBVA SA, formerly Unnim Banc SA, v Pedro Peñalva López, Clara López Durán, Diego Fernández Gabarro. The Court found a provision of national enforcement law, which imposes a time-l... [Read All]

Domestic jurisdiction and Directive 93/13 on unfair terms in consumer contracts

Article Date: 23-11-2015
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of justice recently delivered an interesting decision (12 February 2015, C‑567/13, Baczó and Vizsnyiczai v Raiffeisen Bank Zrt) on the interpretation of Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contract. Article 7(1) states that &l... [Read All]

Spanish procedural law on mortgage repossession breaches EU consumer directive

European Court of Justice, case C-415/11

Article Date: 14-03-2013
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In this judgment, the CJEU considered a case referred by the Spanish Juzgado de lo mercantil n°3 de Barcelona. In the domestic proceedings, Mr. Aziz, the applicant, had stipulated a mortgage agreement with the Bank Catalunyacaixa to purchase a home. After failing to pay an installment, a reposse... [Read All]
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