62023CO0488_INF
Order of the Court (Ninth Chamber) of 12 January 2024 –[Naniowski] (
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(Case C‑488/23)
(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 – Judicial adjustment of the payment corresponding to the capital made available)
Consumer protection – Unfair terms in consumer contracts – Directive 93/13 – Finding that a term is unfair – Scope – Mortgage loan agreement – Contract not capable of continuing in existence after removal of unfair terms – Annulment of the agreement – National case-law enabling the credit institution to seek compensation from the consumer going beyond the reimbursement of the capital paid in respect of the performance of the agreement together with the payment of default interest at the statutory rate – Not permissible
(Council Directive 93/13, Arts 6(1) and 7(1))
(see paragraphs 23-25, 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, in the context of the annulment in its entirety of a mortgage loan agreement concluded by a credit institution with a consumer on the ground that the contract contains unfair terms without which it cannot continue in existence, as meaning that they preclude a judicial interpretation of the law of a Member State according to which that institution is entitled to seek from that consumer, in addition to the reimbursement of the sums corresponding to the capital paid in respect of the performance of that agreement and default interest at the statutory rate from the date on which notice is served, compensation consisting of a judicial adjustment of the payment corresponding to that capital, in the event of a substantial change in the purchasing power of the currency concerned after the transfer of that capital to the consumer.
(
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)	The name of the present case is a fictitious name. It does not correspond to the real name of any of the parties to the proceedings.