Case C‑724/22
Investcapital Ltd
v
G.H.R.
(Request for a preliminary ruling
from the Juzgado de Primera Instancia de León)
Judgment of the Court (Ninth Chamber) of 29 February 2024
( Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Principle of effectiveness of EU law – Revolving credit agreement – Order for payment procedure – Review of the court’s own motion of whether contractual terms are unfair in the course of that procedure – Enforcement of the procedural decision terminating that procedure – Loss, due to a time-bar, of the possibility of raising the unfairness of a contractual term at the stage of enforcement of the order for payment – Power of review of the national court )
1.        Consumer protection – Unfair terms in consumer contracts – Directive 93/13 – Order for payment procedure – National court hearing the enforcement of an order for payment not empowered, because of a time-bar, to assess whether the terms of the credit agreement are unfair – Review already carried out by a court when the order for payment was made – Whether permissible in the light of the principle of effectiveness – Conditions
(Council Directive 93/13, Art. 7(1))
(see paragraphs 29-31, 37-40, 42-45, 48-52, operative part 1)
2.        Consumer protection – Unfair terms in consumer contracts – Directive 93/13 – Order for payment procedure – National court hearing the enforcement of an order for payment not empowered to adopt of its own motion the necessary investigative measures in order to assess whether the terms of the credit agreement are unfair – Review carried out by the court having jurisdiction when the order for payment was made that does not meet the requirements of the principle of effectiveness – Not permissible
(Council Directive 93/13, Art. 7(1))
(see paragraphs 55-58, operative part 2)
See the text of the decision.