Criterii pe care trebuie să le utilizeze instanțele de judecată la analiza caracterului abuziv al dobânzii penalizatoare din contractele încheiate cu consumatorii
Criteria that courts should use when analyzing the abusive nature of the penalty interest in the contracts concluded with consumers

Summary/Abstract: Contractual terms establishing penalty interests, introduced by professionals in bank loans, are contested by consumers through actions filed in courts. By preliminary rulings, the CJEU established criteria for the courts of the Member States to use when analyzing the unfairness of a contractual term in a standard contract, which imposes a penalty interest in a certain amount. However, although the CJEU's case law is clear and detailed, the criteria in question are applied unevenly, resulting into a non-unitary Romanian court practice, by referring to issues of law similar to identity.

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