Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/21/2013

Subject: The Court affirmed that Directive 93/13/EEC, on unfair terms in consumer contracts, must be interpreted as meaning that the national court, which has found of its own motion that a contractual term is unfair, is not obliged, in order to be able to draw the consequences arising from that finding, to wait for the consumer, who has been informed of his rights, to submit a statement requesting that that term be declared invalid. However, the principle of audi alteram partem, as a general rule, requires the national court, which has found of its own motion that a contractual term is unfair, to inform the parties to the dispute of that fact and to invite each of them to set out its views on that matter, with the opportunity to challenge the views of the other party, in accordance with the formal requirements laid down in that regard by the national rules of procedure.

Parties: Banif Plus Bank Zrt

Classification: Solidarity - Art. 38 Consumer protection - Justice - Art. 48 Rights of defence

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