The Business Law Reports
[2021] Bus LR 1
Court of Justice of the European Union
XZ
v
Ibercaja Banco SA
(Case C-452/18)
EU:C:2020:536
2019 Sept 11;2020 Jan 30;July 9
President of Chamber M Vilaras,Judges S Rodin, D Šváby, K Jürimäe, N PiçarraAdvocate General H Saugmandsgaard Øe
Consumer protection— Contract— Unfair terms— Mortgage contract with variable interest rate subject to floor limiting variability of rate— Floor rate term amended by novation agreement following concerns about potential unfairness of original term— Novation agreement containing mutual waiver of rights of action in relation to old and new floor terms— Whether unfair term in consumer contract capable of being amended in agreement containing waiver of rights of action in relation to term— Whether and in what circumstances court able to declare new term unfair— Extent of information to be provided to consumer on conclusion of novation agreement to comply with requirement of transparency— Whether consumer’s waiver of rights of action in relation to term itself constituting unfair term—
Council Directive 93/13/EEC, arts 3(1)(2), 4(2), 5, 6, Annex, para 1(q)
This content is available only to subscribers. If you have a subscription to this content, please log in.
If not, you can subscribe online, request a free trial, or contact ICLR by email at enquiries@iclr.co.uk or on +44 (0) 207 242 6471 to discuss further options.
JOHs should sign in via eLIS.
If not, you can subscribe online, request a free trial, or contact ICLR by email at enquiries@iclr.co.uk or on +44 (0) 207 242 6471 to discuss further options.
JOHs should sign in via eLIS.