62025CO0160_INF
Order of the Court (Sixth Chamber) of 10 November 2025 –[Wawicz] (
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(Case C‑160/25)
(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 – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Effects of a finding that a term is unfair – Mortgage loan agreement indexed to a foreign currency – Determination of the exchange rate between currencies – Unfair element of a conversion clause – Deterrent effect – Obligations of the national court – Separate nature of the unfair element of the clause)
Consumer protection – Unfair terms in consumer contracts – Directive 93/13 – Finding that a term is unfair – Scope – Mortgage loan agreement denominated in one currency and indexed to another – National case-law permitting that agreement to remain in force following the removal of the unfair element of the clause concerning conversion between those currencies – Whether permissible – Condition – Element stipulating independent commitments, separable from the other obligations laid down by that clause – A matter for the national court to ascertain
(Council Directive 93/13, Arts 6(1) and 7(1))
(see paragraphs 24-31, 34, 35, 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 not precluding national case-law according to which a credit agreement concluded between a seller or supplier and a consumer, denominated in one currency and indexed to another currency, remains in force despite the removal of the element of the clause relating to the determination of the buying and selling rates for that currency, providing for the correction of that average conversion rate for that currency, depending on the buying and selling margins determined by the lender, because of the unfair nature of that element, where that element constitutes a contractual obligation separate from those contained in that clause, inasmuch as it stipulates independent commitments which are separable from the other obligations laid down by that clause.
(
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)	The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.