The Business Law Reports
[2023] Bus LR 1812
Court of Justice of the European Union
AM and another
v
mBank SA
(Case C-139/22)
EU:C:2023:692
2023 Sept 21
President of Chamber LS Rossi, Judges S Rodin, O Spineanu-Matei Advocate General AM Collins
Consumer protection— Contract— Unfair terms— Bank employee and husband entering into mortgage index-linked to foreign currency— Loan agreement including unfair term requiring repayment of loan in national currency as converted according to bank’s exchange rate— Whether term losing unfair character because of alternative term giving option to repay directly in foreign currency— Scope of information requirement where consumer having specialist knowledge and experience—
Council Directive 93/13/EEC, arts 2(b), 3(1), 4(2)
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