Banif Plus Bank Zrt v Csipai and another – WLR Daily

Posted February 26th, 2013 in consumer protection, EC law, law reports, loans, unfair contract terms by sally

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