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Matei v SC Volksbank Romania SA: ECJ 26 Feb 2015

mateiECJ201502 ECJ Judgment – Directive 93/13/EEC – Unfair terms in contracts concluded between a seller or supplier and a consumer – Article 4(2) – Assessment of the unfairness of contractual terms – Exclusion of terms relating to the main subject-matter of the contract or the adequacy of the price and remuneration as long as they … Continue reading Matei v SC Volksbank Romania SA: ECJ 26 Feb 2015

Profi Credit Polska (Consumer Protection – Credit Agreements for Consumers – Opinion): ECJ 2 Apr 2020

Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 1(2) – Exclusion provided for contractual terms reflecting mandatory legislative or regulatory provisions – National provision instituting a maximum amount of total cost of the credit for the consumer excluding interest … Continue reading Profi Credit Polska (Consumer Protection – Credit Agreements for Consumers – Opinion): ECJ 2 Apr 2020

OTP Bank and OTP Faktoring: ECJ 3 May 2018

Consumer Protection – Credit Agreements Denominated In A Foreign Currency – Opinion – Consumer protection – Unfair terms in consumer contracts – Credit agreements denominated in a foreign currency – Member State statutory measures passed to remedy unfair contractual terms – Article 4(2) of Directive 93/13/EEC and ‘plain intelligible language’ – Article 1(2) of Directive … Continue reading OTP Bank and OTP Faktoring: ECJ 3 May 2018

Van Hove v CNP Assurances SA: ECJ 23 Apr 2015

ECJ (Judgment) Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms – Insurance contract – Article 4(2) – Assessment of the unfairness of contractual terms – Exclusion of terms relating to the main subject-matter of the contract – Term intended to ensure that mortgage loan repayments are covered – Borrower’s total incapacity for … Continue reading Van Hove v CNP Assurances SA: ECJ 23 Apr 2015

Office of Fair Trading (OFT) v Abbey National Plc and Others: SC 25 Nov 2009

The banks appealed against a ruling that the OFT could investigate the fairness or otherwise of their systems for charging bank customers for non-agreed items as excessive relative to the services supplied. The banks said that regulation 6(2) could be used neither by the OFT, nor by individual consumers to object to their charges. Held: … Continue reading Office of Fair Trading (OFT) v Abbey National Plc and Others: SC 25 Nov 2009

Abbey National Plc and others v The Office of Fair Trading: CA 26 Feb 2009

The OFT had sought to enquire as to the fairness of the terms on which banks conducted their accounts with consumers, and in particular as to how they charged for unauthorised overdrafts. The banks denied that the OFT had jurisdiction, and now appealed against an order against them. Held: An assessment of the fairness of … Continue reading Abbey National Plc and others v The Office of Fair Trading: CA 26 Feb 2009