XZ v Ibercaja Banco: ECJ 30 Jan 2020

(Approximation of Laws – Opinion) Reference for a preliminary ruling – Unfair clauses in contracts concluded with consumers – Directive 93/13 / EEC – Mortgage credit agreement – Clause limiting the variability of the interest rate (‘floor’ clause) – Lack of transparency – Unfairness – Conclusion by the parties of an agreement entailing novation of the ‘floor’ clause, confirmation of the validity of the mortgage credit contract and mutual waiver of legal challenge – Compatibility with directive 93/13 – Conditions

C-452/18, [2020] EUECJ C-452/18_O, [2020] EUECJ C-452/18
Bailii, Bailii
European

Consumer

Updated: 17 January 2022; Ref: scu.654701