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Case Law C-484/21 (25/04/2024)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/25/2024

Subject: According to the Court, Directive 93/13/EEC on unfair terms in consumer contracts, read in the light of the principle of effectiveness, precludes the limitation period for an action for restitution of costs that were paid by the consumer, at the time of conclusion of a contract with a seller or supplier, pursuant to a contractual term that has been found to be unfair by a final judicial decision given subsequent to the payment of those costs, from beginning to run on the date of that payment, irrespective of whether that consumer was or could reasonably have been aware of the unfairness of that term at the time of that payment, or before that term was found to be void by that decision. Moreover, Directive 93/13 precludes the limitation period for an action for restitution of costs that were paid by the consumer, pursuant to a term of a contract concluded with a seller or supplier that has been found to be unfair by a final judicial decision, from beginning to run on the date on which the national supreme court delivered an earlier judgment, in a separate case, declaring a standard term corresponding to that term of that contract unfair

Classification: Solidarity - Art. 38 Consumer protection

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