Consumer protection – Directive 93/13/EEC

Consumer protection – Directive 93/13/EEC

Subject to the verifications to be made by the referring court, Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as not being applicable to national provisions under which a consumer who has concluded a loan agreement with a seller or supplier cannot be required, on the basis of the terms of that agreement, in the event of early termination of the term of the loan, to pay to the seller or supplier ordinary interest for the period from the time at which that loan was declared immediately due and payable until the capital borrowed has actually been repaid, since the payment of default interest and of the other contractual penalties due under the terms of that agreement provides compensation for the actual harm suffered by the seller or supplier.

ECJ, 10 June 2021, Case C-192/20, Prima banka Slovensko a.s. v HD.

https://curia.europa.eu/juris/document/document.jsf?text=&docid=242569&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=2322139



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