Dziubak (Approximation of laws - Judgment) French Text [2019] EUECJ C-260/18 (03 October 2019)

Dziubak (Approximation of laws - Judgment) French Text [2019] EUECJ C-260/18 (03 October 2019)

Article 6(1) of Directive 93/13/EEC does not preclude national courts from declaring a contract void if, after removal of unfair terms, the contract cannot survive without altering its essential nature. Gaps caused by removal of unfair terms cannot be filled solely by general principles of equity or usages; only...

Source-derived case information.

Citation
[2019] EUECJ C-260/18
Parties
Applicant: Kamil Dziubak; Applicant: Justyna Dziubak; Respondent: Raiffeisen Bank International AG (Oddział w Polsce, anciennement Raiffeisen Bank Polska SA)
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union
Outcome
Preliminary ruling issued; interpretation of Directive 93/13/EEC provided to national court.
Legal Topics
Unfair Contract Terms, Consumer Credit, Mortgage Loans, Interpretation of Directive 93/13/eec, National Remedies for Unfair Terms
European Union Law Consumer Protection Contract Law Unfair Contract Terms Consumer Credit Mortgage Loans Interpretation of Directive 93/13/eec National Remedies for Unfair Terms

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Parties

Kamil Dziubak

Applicant

Justyna Dziubak

Applicant

Raiffeisen Bank International AG (Oddział w Polsce, anciennement Raiffeisen Bank Polska SA)

Respondent

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union

  1. 1 Whether national courts may remedy gaps in contracts caused by removal of unfair terms using general provisions of national law (principles of equity/usages) rather than default rules or party agreement.
  2. 2 Whether the assessment of consumer detriment from contract invalidation should be made at contract conclusion or at the time of the dispute, and the role of consumer's will.
  3. 3 Whether unfair terms may be maintained if their removal would harm the consumer.

Ratio Decidendi

Article 6(1) of Directive 93/13/EEC does not preclude national courts from declaring a contract void if, after removal of unfair terms, the contract cannot survive without altering its essential nature. Gaps caused by removal of unfair terms cannot be filled solely by general principles of equity or usages; only default or agreed rules may be used. The consumer's current will and circumstances at the time of the dispute are determinative in assessing detriment from contract invalidation. Unfair terms cannot be maintained solely to avoid consumer detriment unless the consumer expressly consents.

Court Disposition

Preliminary ruling issued; interpretation of Directive 93/13/EEC provided to national court.

Orders

  • Article 6(1) of Directive 93/13/EEC does not preclude national law from declaring a contract void if removal of unfair terms alters its essential nature.
  • Consequences for the consumer of contract invalidation must be assessed at the time of the dispute, and the consumer's will is determinative.