Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/09/2023

Subject: According to the Court, Directive 93/13/EEC on unfair terms in consumer contracts, read in the light of Articles 7 and 38 of the Charter of Fundamental Rights of the European Union, precludes national legislation under which the judicial review of the unfairness of an acceleration clause contained in a consumer credit agreement does not take account of the proportionality of the option given to the seller or supplier to exercise his or her right under that clause, in the light of criteria relating, in particular, to the extent of the consumer’s failure to fulfil his contractual obligations, such as the amount of the instalments which have not been paid in relation to the total amount of the credit and the duration of the contract, and to the possibility that the implementation of that clause may result in the seller or supplier being able to recover the sums due under that clause by selling, without any legal process, the consumer’s family home

Parties: Všeobecná úverová banka

Classification: Freedoms - Art. 7 Domicile - Solidarity - Art. 38 Consumer protection

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