62022CO0756_INF
Order of the Court (Ninth Chamber) of 11 December 2023 –Bank Millennium
(Case C‑756/22)
(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 6(1) and Article 7(1) – Mortgage loan agreement indexed to a foreign currency – Effects of the annulment of that agreement in its entirety)
1.
Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – Jurisdiction of the national court – Application of provisions interpreted by the Court
(Art. 267 TFEU)
(see paragraphs 24, 26)
2.
Consumer protection – Unfair terms in consumer contracts – Directive 93/13 – Finding that a term is unfair – Scope – Judicial interpretation of national law allowing the credit institution to request the consumer to reimburse sums other than the capital paid in respect of the performance of that agreement and the default interest – Not permissible
(Council Directive 93/13, recital 24 and Arts 6(1) and 7(1))
(see paragraphs 28, 29, operative part)
Operative part
Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
must be interpreted as meaning that, in the context of the annulment in its entirety of a mortgage loan agreement concluded with a consumer by a banking institution, on the ground that that agreement contains unfair terms without which it cannot continue to exist, those provisions preclude a judicial interpretation of a Member State’s law according to which that institution has the right to request the consumer to reimburse sums other than the capital paid in respect of the performance of that agreement and the default interest at the statutory rate from the date on which notice is served.