THE PRINCIPLE OF AVAILABILITY OF THE PARTY IN THE CIVIL LITIGATION AND THE REVISION OF THE BANK CREDIT AGREEMENT
THE PRINCIPLE OF AVAILABILITY OF THE PARTY IN THE CIVIL LITIGATION AND THE REVISION OF THE BANK CREDIT AGREEMENT

Summary/Abstract: The investiture of the national court in the matter of the abusive feature of certain clauses in the contract determines the application of the Court of Luxembourg case-law, considerable in this matter. The jurisprudence of the CJEU has consistently stated that the court may verify ex officio the abusive nature of certain clauses, regardless of the jurisdictional procedure in which it is located, but the court can only remove it from application or replace it with supplementary rules of national law, if necessary results that the contract can no longer continue as a result of the abolition of the abusive clause.If the investiture of the court regards the hardship, the court shall be summoned to verify its conditions, the analysis being different than the above hypothesis and the solution being in strong relation with the means in which the plaintiff has stated his requirement. The court shall verify the requirements of hardship depending on the law applicable for the contract and shall order the adjustment of the contract depending on the requirement submitted by the plaintiff

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