Protecția consumatorilor. Acțiune în constatarea nulității absolute. Clauză abuzivă. Contract de credit. Risc valutar. Principiul nominalismului monetar. Comision de rambursare anticipată. Dobândă variabilă. Caracterul clar și inteligibil al clauzei.
Consumer protection. Action for absolute nullity. Unfair clause. Credit contract. Currency risk. Principle of monetary nominalism. Early repayment fee. Variable interest. The clear and intelligible nature of the clause. Significant imbalance...

Summary/Abstract: i) The High Court finds that the defendant-appellant's claims are well-founded, arguing that the court of appeal conducted an incorrect examination of the conditions set out in Article 4(1) of Law no. 193/2000 regarding the early repayment fee. Relevant to the validity of this criticism are the CJEU rulings in case C-621/17 and the joined cases C-224/19 and C-259/19. ii) In light of these considerations, the High Court of Cassation and Justice finds that the court of appeal correctly applied the provisions of Article 1578 of the Civil Code, determining that the disputed clause, from the perspective of Law no. 193/2000, reflects the principle of monetary nominalism—a supplementary legal norm applicable, as recognized by the Court of Justice of the European Union in its recent ruling, to the legal relationship in question in the absence of a different agreement between the parties.

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