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European Observer on fundamental right's respect

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Case Law C-265/22 (12/07/2023)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/12/2023

Subject: According to the Court, in order to assess the transparency and potential unfairness of a term in a variable-rate mortgage loan agreement that designates as a reference index, for the periodic review of the interest rate applicable to that loan, an index established by a notice the subject of an official publication, to which an increase is applied, the content of the information contained in another notice – indicating the need to apply to that index, in view of its method of calculation, a negative margin in order to align that interest rate with the market rate – is relevant. It is also relevant whether that information is sufficiently accessible for an average consumer

Parties: Banco Santander (Référence à un indice officiel)

Classification: Solidarity - Art. 38 Consumer protection

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