Banif Plus Bank Zrt v Csipai and another (Case C-472/11); [2013] WLR (D) 76
“A national court, in order to fulfil its obligation pursuant to articles 6(1) and 7(1) of Council Directive 93/13/EEC, to assess of its own motion whether a contractual term in a consumer contract was unfair and to establish all the consequences arising under national law of such a finding, was not obliged before giving its ruling to wait for a consumer, who had been fully informed of his rights, to submit a statement requesting that that term be declared invalid.”
WLR Daily, 21st February 2013
Source: www.iclr.co.uk
