Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/14/2012

Subject: The Court affirmed that the national court, before which an application for an order for payment has been brought, is required to assess, of its own motion, whether a contractual term contained in a contract concluded between a seller or supplier and a consumer is unfair. The nation court, where it finds that a term is unfair, is required solely to set that term aside and it cannot revise the content of this unfair term.

Parties: Banco Español de Crédito SA

Classification: Solidarity - Art. 38 Consumer protection

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