Prepared by the Abusive Lending Practices Project, April 12, 2019
For a PDF version of this explainer, please click here.
Key Findings
County Registrars must conduct assessments for unfair terms in compliance with the Unfair Contract Terms Directive in all possession cases involving consumers and delete unfair terms, without being asked.
Milestone decision determines that courts are required to assess mortgage contracts for unfair terms and determine if it is proportional to enter a possession order in each case.
In a recent milestone decision, the Irish High Court has confirmed that EU Law protects people at risk of losing their home in Ireland.
A new, user-friendly Guide, that legal experts are launching today, could help thousands of Irish families in mortgage distress and facing unfair evictions to understand and advocate for their rights using vital EU consumer and human rights law.
Date of the decision: July 16, 2015
Jurisdiction: Court of Justice of the European Union
Country: Spain
Subject: Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 93/13/EEC — Article 7 — Charter of Fundamental Rights of the European Union — Articles 7 and 47 — Consumer contracts — Mortgage loan contract — Unfair terms — Mortgage enforcement proceedings — Right of appeal
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.
Date of the decision: May 30, 2013
Jurisdiction: Court of Justice of the European Union
Country: Netherlands
Subject: Directive 93/13/EEC - Unfair terms in consumer contracts - Residential tenancy agreement between a landlord acting on a commercial basis and a tenant acting on a non-commercial basis - Examination by the national court, of its own motion, as to whether a contractual term is unfair - Penalty clause - Annulment of the clause.
Date of the decision: June 14, 2012
Jurisdiction: Court of Justice of the European Union
Country: Spain
Subject: Directive 93/13/EEC - Consumer contracts - Unfair term concerning interest on late payments - Order for payment procedure - Powers of the national court.
Legal basis:
