Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/24/2025

Subject: According to the Court, Directive 93/13/EEC on unfair terms in consumer contracts, read in the light of Articles 7 and 47 of the Charter of Fundamental Rights of the European Union, precludes national legislation which allows extrajudicial enforcement of a mortgage, granted by a consumer for the benefit of a creditor acting in the course of trade, on immovable property constituting that consumer’s family home to continue despite the existence of a pending application before a court for an interim measure seeking suspension of that enforcement, and corroborating evidence as to the possible presence of a potentially unfair term in the contract on which that enforcement was based, and which does not moreover provide for any possibility of obtaining by judicial means the annulment of that enforcement on the ground that there are unfair terms in that contract

Parties: GR REAL

Classification: Freedoms - Art. 7 Privacy - Domicile - Solidarity - Art. 38 Consumer protection - Justice - Art. 47 Justice: effective

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