6 Matei Millo +40 31 432 6170

The Decision of the European Court of Justice Regarding Unfair Terms

On the 17th of July 2014, The European Court of Justice (ECJ) decided that the national law must provide debtors the right to appeal decisions of first instance court rejecting the opposition to enforcement, whenever there is a possibility that credit agreements contain unfair terms.

The ECJ was asked to rule on the application of 93/13/EEC Directive on unfair terms in consumer contracts in relation to civil law enforcement references, in the C-169/14 cause, concerning a request for a preliminary ruling made ​​by a Spanish court in April 2014, in the procedure between two Spanish citizensand Banco Bilbao Vizcaya Argentaria (BBVA). The action was promptly trialed by the Court and was immediately translated into French, Spanish and Romanian.

This decision completes another ECJ decision saying that national courts should automatically check if the credit agreements which are enforceable contain unfair terms.