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Commission v Suede: ECJ 7 May 2002

Failure by a Member State to fulfil its obligations – Directive 93/13/EEC – Unfair terms in consumer contracts – Obligation to reproduce in national legislation the list of terms which may be regarded as unfair contained in the annex to Directive . .

Office of Fair Trading v Foxtons Ltd: ChD 17 Jul 2008

Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene. Held: On a challenge to an individual contract, the court would be able to see the term in the particular context and be better able to see its fairness or … Continue reading Office of Fair Trading v Foxtons Ltd: ChD 17 Jul 2008

Nova Kreditna Banka Maribor: ECJ 13 Oct 2022

Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1) and Article 8 – Criteria for assessing the unfairness of a contractual term – Significant imbalance between the parties’ rights and obligations under the contract – Requirement of good faith on the part of the … Continue reading Nova Kreditna Banka Maribor: ECJ 13 Oct 2022

SV (Immeuble En Copropriete) (Judgment): ECJ 27 Oct 2022

Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – Article 2(b) – Concept of ‘consumer’ – Article 2(c) – Concept of ‘trader’ – Natural person who owns an apartment in a condominium building – Different types of legal relations relating to the administration and … Continue reading SV (Immeuble En Copropriete) (Judgment): ECJ 27 Oct 2022

Condominio Di Milano, Via Meda (Consumer Protection – Unfair Terms In Consumer Contracts -Judgment): ECJ 2 Apr 2020

Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 1(1) – Article 2(b) – Definition of ‘consumer’ – Commonhold of a building Citations: C-329/19, [2020] EUECJ C-329/19, ECLI:EU:C:2020:263 Links: Bailii Jurisdiction: European Consumer Updated: 03 November 2022; Ref: scu.660110

Banca B (Consumer Protection – Unfair Terms In Consumer Contracts – Judgment): ECJ 25 Nov 2020

Reference for a preliminary ruling – Consumer protection – Unfair terms in consumer contracts – Directive 93/13/EEC – Consequences of a term being found to be unfair – Replacement of the unfair term – Method for calculating the variable interest rate – Whether permissible – Referral of the parties to negotiations Citations: C-269/19, [2020] EUECJ … Continue reading Banca B (Consumer Protection – Unfair Terms In Consumer Contracts – Judgment): ECJ 25 Nov 2020

Cape SNC v Idealservice Srl: ECJ 22 Nov 2001

Article 2(b) of Directive 93/13/EEC – Meaning of consumer – Undertaking concluding a standard contract with another undertaking to acquire merchandise or services solely for the benefit of its employees Citations: C-541/99, [2001] EUECJ C-541/99, ECLI:EU:C:2001:625 Links: Bailii Jurisdiction: European Consumer Updated: 27 October 2022; Ref: scu.166909

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

Nemzeti Fogyasztovedelmi Hatosag v Invitel Tavkozlesi Zrt: ECJ 26 Apr 2012

ECJ Directive 93/13/EEC – Article 3(1) and (3) – Articles 6 and 7 – Consumer contracts – Unfair terms – Unilateral amendment of the terms of a contract by a seller or supplier – Action for an injunction brought in the public interest and on behalf of consumers by a body appointed by national legislation … Continue reading Nemzeti Fogyasztovedelmi Hatosag v Invitel Tavkozlesi Zrt: ECJ 26 Apr 2012

Perenicova And Perenic French Text: ECJ 29 Nov 2011

ECJ Opinion – Consumer protection – Directive 93/13/EEC – Article 4, paragraph 1 and Article 6, paragraph 1 – Unfair terms in consumer contracts – Directive 2005/29/EC – Unfair commercial practices of companies vis-a-vis consumers – Contract consumer credit stating a usurious interest rates – Effect of unfair trade practices and unfair terms of the … Continue reading Perenicova And Perenic French Text: ECJ 29 Nov 2011

Hypotecni banka, as v Lindner: ECJ 8 Sep 2011

ECJ Opinion – Regulation (EC) No 44/2001 – Appointment of a guardian for a consumer whose residence is unknown – Rules on international jurisdiction – Applicability – Article 24 of Regulation No 44/2001 – Appearance Guardian appointed without the consent or knowledge of the defendant – Article 17, paragraph 3) of Regulation No 44/2001 – … Continue reading Hypotecni banka, as v Lindner: ECJ 8 Sep 2011

Unison, Regina (on The Application of) v The Lord Chancellor and Another: Admn 7 Feb 2014

The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory. Held: The challenge failed. The new Order was not in breach of European Union principles of effectiveness or equivalence. Althought the new system was expensive for litigants it was not so to the … Continue reading Unison, Regina (on The Application of) v The Lord Chancellor and Another: Admn 7 Feb 2014

Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter: ECJ 1 Apr 2004

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Contract for the building and supply of a parking space – Reversal of the order of performance of contractual obligations provided for under national law – Clause obliging the consumer to pay the price before the seller or supplier has performed his obligations – Obligation … Continue reading Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter: ECJ 1 Apr 2004

The Office Of Fair Trading v Foxtons Ltd: ChD 10 Jul 2009

The OFT alleged that certain standard terms in the defendant’s letting agent contracts were unfair. The agent had withdrawn the former terms, but relief was still sought on those terms and their effect, and as to the fairness of the new ones. The terms had sought continued remuneration after any tenancy renewal even if they … Continue reading The Office Of Fair Trading v Foxtons Ltd: ChD 10 Jul 2009

Elisa Maria Mostaza Claro v Centro Movil Milenium SL: ECJ 26 Oct 2006

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Failure to raise the unfair nature of a term during arbitration proceedings – Possibility of raising that objection in the context of an action brought against the arbitration award. Citations: C-168/05, [2006] EUECJ C-168/05, [2006] ECR I-10421, [2007] Bus LR 60, [2007] CEC 290, [2007] … Continue reading Elisa Maria Mostaza Claro v Centro Movil Milenium SL: ECJ 26 Oct 2006

Ynos Kft (Environment and Consumers): ECJ 10 Jan 2006

ECJ Article 234 EC – Directive 93/13/EEC – Consumers – Unfair terms – National legislation adapted to comply with the directive after conclusion by a non-member State of an association agreement with the European Communities and before that State acceded to the European Union – Lack of jurisdiction of the Court Citations: ECLI:EU:C:2006:9, [2006] ECR … Continue reading Ynos Kft (Environment and Consumers): ECJ 10 Jan 2006

Cape Snc v Idealservice Srl and similar: ECJ 22 Nov 2001

Environment And Consumers – Article 2(b) of Directive 93/13/EEC – Meaning of consumer – Undertaking concluding a standard contract with another undertaking to acquire merchandise or services solely for the benefit of its employees Citations: C-542/99, [2001] EUECJ C-542/99, [2001] ECR I-9049, [2003] 1 CMLR 42, [2002] All ER (EC) 657 Links: Bailii Statutes: Directive … Continue reading Cape Snc v Idealservice Srl and similar: ECJ 22 Nov 2001

Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

AH v Zagrebacka Banka (Judgment): ECJ 5 May 2022

Reference for a preliminary ruling – Consumer protection – Unfair terms – Directive 93/13/EEC – Applicability ratione temporis – Article 10(1) – Loan contract entered into before the date of accession of a Member State to the European Union but amended after that date – Article 6 – Restitution of benefits unduly received by the … Continue reading AH v Zagrebacka Banka (Judgment): ECJ 5 May 2022

Cofidis SA v Jean-Louis Fredout: ECJ 21 Nov 2002

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Action brought by a seller or supplier – National provision prohibiting the national court from finding a term unfair, of its own motion or following a plea raised by the consumer, after the expiry of a limitation period.The question of whether a domestic procedural provision … Continue reading Cofidis SA v Jean-Louis Fredout: ECJ 21 Nov 2002

Unicaja Banco: ECJ 17 May 2022

Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Mortgage agreement – Unfairness of the ‘floor clause’ in the agreement – National rules concerning the judicial appeal procedure – Limitation of the temporal effects of the declaration that an unfair term … Continue reading Unicaja Banco: ECJ 17 May 2022

SPV Project 1503 v YB: ECJ 17 May 2022

Judgment – Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Payment order and attachment proceedings against third parties – Force of res judicata implicitly covering the validity of the terms of an enforceable instrument – Power of the court hearing … Continue reading SPV Project 1503 v YB: ECJ 17 May 2022

Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 5 Jun 2014

(Order Of The Court) Citations: C-169/14, [2014] EUECJ C-169/14, ECLI: EU: C: 2014:1388 Links: Bailii Jurisdiction: European Cited by: Order – Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 3-Jul-2014 ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 5 Jun 2014

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

Khatun, Zeb, Iqbal v London Borough of Newham: Admn 10 Oct 2003

Each applicant had been accepted as homeless by the respondent, but was then offered alternative accomodation under terms which they found unacceptable. They argued that the Regulations applied. The council had disapplied one statutory guidance in order to meet another administrative target. Held: ‘to depart from national guidance given under statute in order to achieve … Continue reading Khatun, Zeb, Iqbal v London Borough of Newham: Admn 10 Oct 2003

Dirk Frederik Asbeek Brusse v Jahani Bv: ECJ 30 May 2013

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Residential tenancy agreement between a landlord acting on a commercial basis and a tenant acting on a non-commercial basis – Examination by the national court, of its own motion, as to whether a contractual term is unfair – Penalty clause – Annulment of the clause … Continue reading Dirk Frederik Asbeek Brusse v Jahani Bv: ECJ 30 May 2013

Nemzeti Fogyasztovedelmi Hatosag v Invitel Tavkozlesi Zrt: ECJ 6 Dec 2011

ECJ Opinion – Consumer protection – Directive 93/13/EEC – Article 3(1) in combination with points 1(j) and 2(d) of the annex – Articles 6 and 7 – Unfair terms in consumer contracts – Contract term that entitles the seller or supplier to amend contractual provisions unilaterally without a valid reason and without explicitly describing the … Continue reading Nemzeti Fogyasztovedelmi Hatosag v Invitel Tavkozlesi Zrt: ECJ 6 Dec 2011

Verein Fur Konsumenteninformation v Amazon EU Sarl: ECJ 28 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulations (EC) No 864/2007 and (EC) No 593/2008 – Consumer protection – Directive 93/13/EEC – Data protection – Directive 95/46/EC – Online sales contracts concluded with consumers resident in other Member States – Unfair terms – General terms and conditions containing … Continue reading Verein Fur Konsumenteninformation v Amazon EU Sarl: ECJ 28 Jul 2016

Sales Sinues v Caixabank SA: ECJ 14 Apr 2016

(Judgment) Reference for a preliminary ruling – Directive 93/13/EEC – Contracts concluded between sellers or suppliers and consumers – Mortgage contracts – ‘Floor’ clause – Examination of the clause with a view to its invalidation – Collective proceedings – Action for an injunction – Stay of an individual action with the same subject matter C-381/14, … Continue reading Sales Sinues v Caixabank SA: ECJ 14 Apr 2016

Euro Bank (Order): ECJ 3 Mar 2016

ECJ Order – Preliminary ruling – Consumer protection – Directive 93/13 / EEC – Credit Agreement – Unfair terms – National legislation – Execution Title simplified for banks – Affixing the mandatory enforceable by the enforcing court – Appreciation of officio the unfairness of contractual terms – Impossible – Repeal of national legislation in question … Continue reading Euro Bank (Order): ECJ 3 Mar 2016

Finanmadrid EFC v Zimbrano and others: ECJ 18 Feb 2016

Judgment – Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms – Order for payment procedure – Enforcement proceedings – Powers of the national court responsible for enforcement to raise of its own motion the fact that the unfair term is invalid – Principle of res judicata – Principle of effectiveness – Charter … Continue reading Finanmadrid EFC v Zimbrano and others: ECJ 18 Feb 2016

Erste Bank Hungary Zrt v Attila Sugar: ECJ 1 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts concluded between a seller or supplier and a consumer – Mortgage loan agreement – Article 7(1) – Stopping the use of unfair terms – Adequate and effective means – Acknowledgement of the debt – Notarised instrument – Affixation … Continue reading Erste Bank Hungary Zrt v Attila Sugar: ECJ 1 Oct 2015

Costea v SC Volksbank Romania SA: ECJ 3 Sep 2015

ECJ Reference for a preliminary ruling – Directive 93/13/EEC – Article 2(b) – Concept of ‘consumer’ – Credit agreement concluded by a natural person who practises as a lawyer – Repayment of a loan secured on a building owned by the borrower’s law firm – Borrower who has the necessary knowledge to assess the unfairness … Continue reading Costea v SC Volksbank Romania SA: ECJ 3 Sep 2015

Costea v SC Volksbank Romania SA: ECJ 23 Apr 2015

ECJ Advocate Generals Opinion – Consumer protection – Definition of consumer within the meaning of Article 2(b) of Directive 93/13/EEC – Credit agreement concluded by a natural person who practises as a lawyer – Loan secured on a building owned by the borrower’s law firm – Effect of knowledge and profession on the status of … Continue reading Costea v SC Volksbank Romania SA: ECJ 23 Apr 2015

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

Unicaja Banco SA v Rueda: ECJ 21 Jan 2015

ECJ (Judgment) Reference for a preliminary ruling – Directive 93/13/EEC – Contracts concluded between sellers or suppliers and consumers – Mortgage contracts – Default interest clauses – Unfair terms – Mortgage enforcement proceedings – Moderation of the amount of interest – Powers of the national court A. Tizzano, P C-482/13, [2015] EUECJ C-482/13, ECLI:EU:C:2015:21 Bailii … Continue reading Unicaja Banco SA v Rueda: ECJ 21 Jan 2015

Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 3 Jul 2014

ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued use of unfair terms – Limiting the possibility of appeal against a ruling on the opposition to the execution mortgage foreclosure – procedural autonomy of the Member States – Principle of effectiveness – Effective … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 3 Jul 2014

Asociacion De Consumidores Independientes De Castilla Y Leon v Anuntis Segundamano Espana Sl: ECJ 5 Dec 2013

ECJ References for a preliminary ruling – Directive 93/13/EEC – Action seeking an injunction brought by a regional consumer protection association – Jurisdiction of local courts – No remedy against a decision declining jurisdiction delivered at first instance – Procedural autonomy of the Member States – Principles of equivalence and effectiveness C-413/12, [2013] EUECJ C-413/12 … Continue reading Asociacion De Consumidores Independientes De Castilla Y Leon v Anuntis Segundamano Espana Sl: ECJ 5 Dec 2013

Perenicova And Perenic: ECJ 15 Mar 2012

ECJ Consumer protection – Consumer credit agreement – Incorrect statement of annual percentage rate of charge – Effect of unfair commercial practices and unfair terms on the validity of the contract as a wholeHeld: ‘a finding that a commercial practice is unfair has no direct effect on whether the contract is valid from the point … Continue reading Perenicova And Perenic: ECJ 15 Mar 2012

Erika Joros v Aegon Magyarorszag Hitel Zrt: ECJ 30 May 2013

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Examination by the national court, of its own motion, as to whether a contractual term is unfair – Consequences to be drawn by the national court from a finding that the term is unfair C-397/11, [2013] EUECJ C-397/11 Bailii Directive 93/13/EEC European, Consumer Updated: 12 … Continue reading Erika Joros v Aegon Magyarorszag Hitel Zrt: ECJ 30 May 2013

Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008

The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008

Office Of Fair Trading v Foxtons Ltd: CA 2 Apr 2009

The OFT had sought and obtained an injunction regarding the use of certain standard terms in their estate agency business. Both parties appealed. Held: The OFT’s appeal succeeded. The court had been wrong to restrict the effect of the injuncion to contracts not already in existence. It should extend to existing contracts. The Regulations were … Continue reading Office Of Fair Trading v Foxtons Ltd: CA 2 Apr 2009

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

Banif Plus Bank Zrt v Csipai: ECJ 21 Feb 2013

barif_csipaoECJ2013 ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Examination by the national court, of its own motion, as to whether a term is unfair – Obligation on the national court, once it has found, of its own motion, that a term is unfair, to invite the parties to submit their observations before … Continue reading Banif Plus Bank Zrt v Csipai: ECJ 21 Feb 2013

Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 17 Jul 2014

ECJ Judgment – Preliminary ruling – Directive 93/13/EEC – Article 7 – Charter of Fundamental Rights of the European Union – Article 47 – Contracts with consumers – mortgage contract – Unfair – foreclosure procedure – Right of Appeal A Tizzano, P ECLI:EU:C:2014:2099, [2014] EUECJ C-169/14 Bailii Directive 93/13/EEC, Charter of Fundamental Rights of the … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 17 Jul 2014

Siba v Devenas: ECJ 15 Jan 2015

Judgment – Reference for a preliminary ruling – Directive 93/13/EEC – Scope – Consumer contracts – Contract for the provision of legal services concluded between a lawyer and a consumer J Malenovsky P C-537/13, [2015] EUECJ C-537/13, ECLI:EU:C:2015:14 Bailii Directive 93/13/EEC European Legal Professions, Consumer Updated: 09 November 2021; Ref: scu.541501

Director General of Fair Trading v First National Bank: HL 25 Oct 2001

The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship. Held: The term was not covered by the Act, and was not unfair under the Regulations. It was by way of a default condition, rather than a … Continue reading Director General of Fair Trading v First National Bank: HL 25 Oct 2001

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

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

Baczo And Vizsnyiczai v Raiffeisen Bank Zrt: ECJ 12 Feb 2015

baczo_ECJ201502 ECJ Judgment – Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Article 7 – Mortgage loan agreement – Arbitration clause – Unfairness – Action by consumer – National procedural rule – Lack of jurisdiction of the court hearing the action by a consumer for a declaration of invalidity of a … Continue reading Baczo And Vizsnyiczai v Raiffeisen Bank Zrt: ECJ 12 Feb 2015

RWE Vertrieb Ag v Verbraucherzentrale Nordrhein-Westfalen EV: ECJ 21 Mar 2013

ree_nwECJ2013 ECJ Directive 2003/55/EC – Internal market in natural gas – Directive 93/13/EEC – Articles 1(2) and 3 to 5 – Contracts between suppliers and consumers – General conditions – Unfair terms – Unilateral alteration by the supplier of the price of the service – Reference to mandatory legislation designed for another category of consumers … Continue reading RWE Vertrieb Ag v Verbraucherzentrale Nordrhein-Westfalen EV: ECJ 21 Mar 2013

Barclays Bank SA v Sara Sanchez Garcia: ECJ 30 Apr 2014

ECJ Judgment – Request for a preliminary ruling – Directive 93/13/EEC – Thirteenth recital in the preamble – Article 1(2) – Consumer contracts – Mortgage loan agreement – Mortgage enforcement proceedings – National statutory and regulatory provisions – Contractual balance A. Borg Barthet, P C-280/13, [2014] EUECJ C-280/13 Bailii Directive 93/13/EEC European European, Consumer, Banking … Continue reading Barclays Bank SA v Sara Sanchez Garcia: ECJ 30 Apr 2014

Peabody Trust v Reeve: ChD 2 Jun 2008

The court was asked to sanction the unilateral alteration by the landlord of the terms of some ten thouand tenancies. The agreements contained a clause which the landlord said allowed for variations under the Housing Act 1985. The landlord was a registered social landlord who had taken over the tenancies from local authorities which would … Continue reading Peabody Trust v Reeve: ChD 2 Jun 2008

Radlinger and Radlingerova v Finway AS: ECJ 21 Apr 2016

Remedy for breach of consumer credit agreement ECJ (Judgment) Reference for a preliminary ruling – Directive 93/13/EEC – Article 7 – National rules governing insolvency proceedings – Debts arising from a consumer credit agreement – Effective judicial remedy – Point 1(e) of the annex – Disproportionate amount of compensation – Directive 2008/48/EC – Article 3(l) … Continue reading Radlinger and Radlingerova v Finway AS: ECJ 21 Apr 2016

Schulz v Technische Werke Schussental GmbH und Co KG: ECJ 8 May 2014

ECJ Opinion – Directive 2003/54/EC – Internal market in electricity – Directive 2003/55/EC – Internal market in natural gas – Contracts between suppliers and customers based on national legislation – Universal service obligation – General conditions – Unilateral adjustment by the supplier of the price of the service – Appropriate level of consumer protection – … Continue reading Schulz v Technische Werke Schussental GmbH und Co KG: ECJ 8 May 2014

Tudoran And Others v SC Suport Colect SRL: ECJ 3 Jul 2014

ECJ Preliminary ruling – Directives 93/13/EEC and 2008/48/EC – Application ratione temporis and ratione materiae – Acts Prior to the accession of Romania to the European Union – Charter of Fundamental Rights of the European Union – Implementation implementation of EU law – None – clearly lacking – Articles 49 TFEU and 56 TFEU – … Continue reading Tudoran And Others v SC Suport Colect SRL: ECJ 3 Jul 2014