Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/07/2024

Subject: According to the Court, Directive 93/13/EEC on unfair terms in consumer contracts, read in the light of the principle of effectiveness and Article 47 of the Charter of Fundamental Rights of the European Union, does not requiring a national court or tribunal to examine whether the terms of a contract concluded between a seller or supplier and a consumer are unfair where those terms have already been examined by another national court or tribunal whose decision has the force of res judicata, even if, before that other court or tribunal, the consumer was not assisted by a lawyer, did not attend the hearing and did not make use of a remedy which was available to him or her, provided that that decision was duly notified to the consumer, together with an indication of the remedies available to him or her, and that there are no other particular reasons connected with the conduct of the proceedings, such as a failure to state the reasons for that decision, which could have prevented or dissuaded the consumer from properly exercising his or her procedural rights.

Parties: ERB New Europe Funding II

Classification: Solidarity - Art. 38 Consumer protection - Justice - Art. 47 Justice: effective

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