Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The Court of Justice on Articles 6(1) and 7(1) of Directive 93/13/EEC on unfair terms in consumer contracts
15 June 2023
The Court of Justice of the European Union, by judgment ECLI:EU:C:2023:491, dated 15 June 2023, in Case C-287/22 – in proceedings between YQ and RJ, on the one hand, and Getin Noble Bank S.A., on the other, concerning an application for the grant of interim measures ordering the suspension of the performance of a mortgage loan agreement indexed in a foreign currency, pending a final decision on the repayment of sums unduly paid pursuant to the unfair terms contained in that agreement – ruled that Article 6(1) and Article 7(1) of Directive 93/13/EEC on unfair terms in consumer contracts, read in the light of the principle of effectiveness, must be interpreted as precluding national case-law according to which a national court may dismiss an application for the grant of interim measures lodged by a consumer seeking the suspension, pending a final decision on the invalidity of the loan agreement concluded by that consumer on the ground that that loan agreement contains unfair terms, of the payment of the monthly instalments due under that loan agreement, where the grant of those interim measures is necessary to ensure the full effectiveness of that decision.
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