Recent Interpretations by the CJEU in the Field of Unfair Terms
Recent Interpretations by the CJEU in the Field of Unfair Terms

Summary/Abstract: One of the most recent judgments of the Court of Justice of the European Union on unfair terms, the Marc Gómez del Moral Guasch judgment, demonstrates, once again, the Court's substantial contribution to ensuring the uniform application and interpre¬tation of legislation throughout the European Union. The main legal issues on which the Luxembourg Court will rule in the Marc Gómez del Moral Guasch case concern: the scope of application of the ratione materie of Directive 93/13, respectively the exclusion concerning terms reflecting "mandatory statutory or regulatory provisions", provided for in Article 1 (2) of the Directive; the possibility for a national court to determine whether a term such as the term at issue, according to which the variable rate of interest to be paid by the consumer varies according to the IRPH of Spanish savings banks, fulfills the transparency requirement of that directive, even in the absence of a transposition of Article 4 (2) of Directive 93/13 into national law; whether that contractual term must be accompanied by information on the method of calculating the index on the basis of which the interest rate is calculated, as well as the evolution of that index in the past and how it may evolve in the future; the possibility for the national court to replace the benchmark for calculating the variable interest of a loan provided for in an unfair term sanctioned with nullity, with a legal index, in the absence of an agreement to the contrary between the parties.

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