Date of the decision: September 10, 2014
Jurisdiction: Court of Justice of the European Union
Country: Slovakia
Subject: Directive 93/13/EEC - Unfair terms - Consumer credit agreement - Article 1(2) - Term reflecting a mandatory statutory provision - Scope of the directive - Articles 3(1), 4, 6(1) and 7(1) - Security for credit in the form of a charge on immovable property - Whether it is possible to enforce the charge by means of a sale by auction - Judicial review.
Legal basis: Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which allows the recovery of a debt that is based on potentially unfair contractual terms by the extrajudicial enforcement of a charge on immovable property provided as security by the consumer, in so far as that legislation does not make it excessively difficult or impossible in practice to protect the rights conferred on consumers by that directive, which is a matter for the national court to determine.
Article 1(2) of Directive 93/13 must be interpreted as meaning that a contractual term included in a contract concluded by a seller or supplier with a consumer falls outside the scope of that directive only if that contractual term reflects the content of a mandatory statutory or regulatory provision, which is a matter for the national court to determine.
To learn more: http://curia.europa.eu/juris/document/document.jsf?text=&docid=157486&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=705110
