# C_2010209EN.01000601.xml

| 31.7.2010 | EN | Official Journal of the European Union | C 209/6 |
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31.7.2010

EN

Official Journal of the European Union

C 209/6

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Judgment of the Court (First Chamber) of 3 June 2010 (reference for a preliminary ruling from the Tribunal Supremo (Spain)) — Caja de Ahorros y Monte de Piedad de Madrid v Asociación de Usuarios de Servicios Bancarios (Ausbanc)

(Case C-484/08) (1)

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(Directive 93/13/EEC - Consumer contracts - Terms defining the main subject-matter of the contract - Assessment by the courts as to their unfairness - Excluded - More stringent national provisions designed to afford a higher level of consumer protection)

2010/C 209/07

Language of the case: Spanish

Referring court

Referring court

Tribunal Supremo

Parties to the main proceedings

Parties to the main proceedings

Applicant: Caja de Ahorros y Monte de Piedad de Madrid

Applicant:

Defendant: Asociación de Usuarios de Servicios Bancarios (Ausbanc)

Defendant:

Re:

Re:

Reference for a preliminary ruling — Tribunal Supremo — Interpretation of Articles 2, 3(1)(g) and 4(1) EC and of Articles 4(2) and 8 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1995 L 95, p. 29) — Stricter national provisions to guarantee the consumer a higher level of protection — Review of terms defining the main subject matter of the contract or the adequacy of the price and remuneration as against the services or goods supplied.

Operative part of the judgment

Operative part of the judgment

| 1. | Articles 4(2) and 8 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which authorises a judicial review as to the unfairness of contractual terms which relate to the definition of the main subject-matter of the contract or to the adequacy of the price and remuneration, on the one hand, as against the services or goods to be supplied in exchange, on the other hand, even in the case where those terms are drafted in plain, intelligible language; |
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1.

Articles 4(2) and 8 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which authorises a judicial review as to the unfairness of contractual terms which relate to the definition of the main subject-matter of the contract or to the adequacy of the price and remuneration, on the one hand, as against the services or goods to be supplied in exchange, on the other hand, even in the case where those terms are drafted in plain, intelligible language;

| 2. | Articles 2 EC, 3(1)(g) EC and 4(1) EC do not preclude an interpretation of Articles 4(2) and 8 of Directive 93/13 according to which Member States may adopt national legislation which authorises a judicial review as to the unfairness of contractual terms which relate to the definition of the main subject-matter of the contract or to the adequacy of the price and remuneration, on the one hand, as against the services or goods to be supplied in exchange, on the other hand, even in the case where those terms are drafted in plain, intelligible language. |
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2.

Articles 2 EC, 3(1)(g) EC and 4(1) EC do not preclude an interpretation of Articles 4(2) and 8 of Directive 93/13 according to which Member States may adopt national legislation which authorises a judicial review as to the unfairness of contractual terms which relate to the definition of the main subject-matter of the contract or to the adequacy of the price and remuneration, on the one hand, as against the services or goods to be supplied in exchange, on the other hand, even in the case where those terms are drafted in plain, intelligible language.

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(1)  OJ C 19, 24.01.2009.

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