WRITTEN QUESTION E-0785/03 by Juan Naranjo Escobar (PPE-DE) to the Commission. Unfair terms in banking contracts.
Date: 2003-03-14
Institutions: European Parliament, Provisional data
Subjects: European Commission, Spain, bank, consumer information, consumer protection, contract terms, distance selling, financial transaction, proposal (EU), unfair terms of contract

C 268 E/134

Official Journal of the European Union

EN

7.11.2003

(2003/C 268 E/133)

WRITTEN QUESTION E-0785/03

by Juan Naranjo Escobar (PPE-DE) to the Commission

(14 March 2003)

Subject: Unfair terms in banking contracts

The Spanish Consumers’ Association (OCU) has brought a case against several banks before the Spanish
High Court for including up to 17 terms in their contracts that are unfair and detrimental to customers
and is seeking to have them declared null and void, all of which has aroused great interest among the
Spanish population.

It appears that the need for judicial proceedings, such as those initiated by the Spanish Consumers’
Association, in order for the authorities, whether national or Community, to conduct a detailed analysis of
the terms of banking contracts, has once again been highlighted.

What is the Commission’s view on the Community legislation on customer protection with regard to
banks? Does the Commission believe that it provides customers with an adequate guarantee that they will
not be subjected to unfair or detrimental practices?

Answer given by Mr Byrne on behalf of the Commission

(15 April 2003)

The issue of consumer protection vis-à-vis banks is a wide-ranging one:

(cid:1) the rules on capital adequacy and prudential supervision ensures a stable banking system, which is in

the interest also of consumers;

(cid:1) Directive 2002/65/EC of the Parliament and of the Council of 23 September 2002 on distance
marketing of consumer financial services (1) provides a comprehensive framework for protection of
consumer interests in relation to distribution means for which financial services are particularly
suitable;

(cid:1) Council Directive 93/13/EEC of 5 April 1993, on unfair contract

terms (2) has established a
mechanism which by and large has proved to be a successful tool to achieve balanced contract
terms applicable between consumers on the one hand and sellers and suppliers on the other hand,
including the financial sector; no specific amendment of this is currently foreseen.

However, the Commission believes more could be done in certain areas. Hence,

(cid:1) the forthcoming proposal

for a framework Directive on unfair commercial practices, which is
programmed for adoption by the Commission before the summer, would aim at introducing an over-
arching framework where no specific rules exist in the pre-contractual consumer/supplier relationship;

(cid:1) the recently adopted Consumer Policy Strategy 2002-2006 (3) announces a reform of the consumer

‘acquis communautaire’ in general;

(cid:1) the work the Commission has undertaken to create a single payments area should be beneficial also to

consumers.

Moreover, the recent Action Plan on ‘A More Coherent European Contract Law’ (4) will no doubt also have
implications for the consumer/bank contractual relationship although it is too early to detail these.

(1) OJ L 271, 29.10.2002.
(2) OJ L 95, 21.4.1993.
(3) OJ C 137, 8.6.2002.
(4) OJ C 63, 15.3.2003.