07 Mai Consumer protection – Directive 93/13/EEC
Consumer protection – Directive 93/13/EEC
Article 1(2) and Article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that, where a court of a Member State is hearing a dispute relating to an allegedly unfair contractual term which reflects a provision of national law which is supplementary in nature, it is required to examine, as a matter of priority, the effect of the exclusion from the scope of that directive laid down in Article 1(2) thereof, and not the effect of the exception to the assessment of whether contractual terms are unfair provided for in Article 4(2) of that directive.
ECJ, 14 April 2021, Case C-364/19, XU and Others v SC Credit Europe Ipotecar IFN SA and Credit Europe Bank NV.
