RULINGS OF THE NATIONAL COURTS FOLLOWING THE CURIA DECISION IN CASE C-186/16, ANDRICIUC AND OTHERS VS BANCA ROMANEASCA
The CJEU's judgment in Andriciuc and Others vs Banca Românească Case C-186/16 that came in September 2017 is an addition to a growing body of case law on procedural obstacles to consumer protection under Directive 93/13/EEC. According to the Court, a contractual term must be drafted in plain...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2018-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_004.pdf |
| _version_ | 1826910431726272512 |
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| author | Monica CALU Costel STANCIU |
| author_facet | Monica CALU Costel STANCIU |
| author_sort | Monica CALU |
| collection | DOAJ |
| description | The CJEU's judgment in Andriciuc and Others vs Banca Românească Case C-186/16 that came in September 2017
is an addition to a growing body of case law on procedural obstacles to consumer protection under Directive 93/13/EEC.
According to the Court, a contractual term must be drafted in plain intelligible language, the information obligations should
be performed by the bank in a manner to make the well-informed and reasonably observant and circumspect consumer aware
of both possibility of a rise or fall in the value of the foreign currency and also enabling estimation of the significant economic
consequences of repayment of the loan in the same currency as the currency in which the loan was taken out.
Following a succession of consumer-friendly preliminary rulings from European Court of Justice (Case C-26/13,
Árpád Kásler, Hajnalka Káslerné Rábai v OTP Jelzálogbank Zrt and Case C-186/16 Andriciuc and Others v Banca
Românească, bank customers across the European Union are increasingly taking their banks to court. However, there are
still a lot provisions in the national legislations which made the judicial review of unfair contract terms difficult and reveals
the limits of consumer protection under Directive 93/13. Also, we focus on the powers of the national court when dealing with
a term considered to be unfair (civil) courts and the availability of legal remedies in ensuring the effectiveness of the Directive.
Although the CJEU provides interpretation of EU law, the national court alone has jurisdiction to find and assess
the facts in the case before it and to interpret and apply national law. The ruling issued by the Court of Justice of the European
Union (CJUE) in the Andriciuc versus Banca Românească case represents a great advantage for some of the European debtors.
In this paper, we intend to examine, starting from the theory of abusive clauses and referring to the jurisprudence of
the European Court of Justice in the matter, to what extent it is possible that under Council Directive 93/13 / EEC of 5 April
1993 on unfair terms in consumer contracts and the national laws of the various Member States to order "freeze of the exchange
rate" or conversion of the currency of the credit into domestic currency |
| first_indexed | 2024-12-11T11:02:22Z |
| format | Article |
| id | doaj.art-873a9a4ee40e49d4a8048c7c0789e802 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 2068-7796 |
| language | English |
| last_indexed | 2025-02-17T09:59:17Z |
| publishDate | 2018-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-873a9a4ee40e49d4a8048c7c0789e8022025-01-02T04:17:01ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962018-05-0112-209212RULINGS OF THE NATIONAL COURTS FOLLOWING THE CURIA DECISION IN CASE C-186/16, ANDRICIUC AND OTHERS VS BANCA ROMANEASCAMonica CALU0Costel STANCIU1Consumer Law Expert Pro Consumatori Association (e-mail: monica.calu@apc-romania.ro)Associate Professor, PhD, Faculty of Economics and Business Administration, “Nicolae Titulescu” University, Bucharest (e-mail: costelstanciu@apc-romania.ro)The CJEU's judgment in Andriciuc and Others vs Banca Românească Case C-186/16 that came in September 2017 is an addition to a growing body of case law on procedural obstacles to consumer protection under Directive 93/13/EEC. According to the Court, a contractual term must be drafted in plain intelligible language, the information obligations should be performed by the bank in a manner to make the well-informed and reasonably observant and circumspect consumer aware of both possibility of a rise or fall in the value of the foreign currency and also enabling estimation of the significant economic consequences of repayment of the loan in the same currency as the currency in which the loan was taken out. Following a succession of consumer-friendly preliminary rulings from European Court of Justice (Case C-26/13, Árpád Kásler, Hajnalka Káslerné Rábai v OTP Jelzálogbank Zrt and Case C-186/16 Andriciuc and Others v Banca Românească, bank customers across the European Union are increasingly taking their banks to court. However, there are still a lot provisions in the national legislations which made the judicial review of unfair contract terms difficult and reveals the limits of consumer protection under Directive 93/13. Also, we focus on the powers of the national court when dealing with a term considered to be unfair (civil) courts and the availability of legal remedies in ensuring the effectiveness of the Directive. Although the CJEU provides interpretation of EU law, the national court alone has jurisdiction to find and assess the facts in the case before it and to interpret and apply national law. The ruling issued by the Court of Justice of the European Union (CJUE) in the Andriciuc versus Banca Românească case represents a great advantage for some of the European debtors. In this paper, we intend to examine, starting from the theory of abusive clauses and referring to the jurisprudence of the European Court of Justice in the matter, to what extent it is possible that under Council Directive 93/13 / EEC of 5 April 1993 on unfair terms in consumer contracts and the national laws of the various Member States to order "freeze of the exchange rate" or conversion of the currency of the credit into domestic currencyhttp://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_004.pdfUnfair terms in consumer contractsplain intelligible language" in „consumer contractsSignificant imbalance in the parties” rights and obligations arising under the contractCase C-186/16 Andriciuc and Others v Banca RomâneascăÁrpád KáslerHajnalka Káslerné Rábai v OTP Jelzálogbank |
| spellingShingle | Monica CALU Costel STANCIU RULINGS OF THE NATIONAL COURTS FOLLOWING THE CURIA DECISION IN CASE C-186/16, ANDRICIUC AND OTHERS VS BANCA ROMANEASCA Challenges of the Knowledge Society Unfair terms in consumer contracts plain intelligible language" in „consumer contracts Significant imbalance in the parties” rights and obligations arising under the contract Case C-186/16 Andriciuc and Others v Banca Românească Árpád Kásler Hajnalka Káslerné Rábai v OTP Jelzálogbank |
| title | RULINGS OF THE NATIONAL COURTS FOLLOWING THE CURIA DECISION IN CASE C-186/16, ANDRICIUC AND OTHERS VS BANCA ROMANEASCA |
| title_full | RULINGS OF THE NATIONAL COURTS FOLLOWING THE CURIA DECISION IN CASE C-186/16, ANDRICIUC AND OTHERS VS BANCA ROMANEASCA |
| title_fullStr | RULINGS OF THE NATIONAL COURTS FOLLOWING THE CURIA DECISION IN CASE C-186/16, ANDRICIUC AND OTHERS VS BANCA ROMANEASCA |
| title_full_unstemmed | RULINGS OF THE NATIONAL COURTS FOLLOWING THE CURIA DECISION IN CASE C-186/16, ANDRICIUC AND OTHERS VS BANCA ROMANEASCA |
| title_short | RULINGS OF THE NATIONAL COURTS FOLLOWING THE CURIA DECISION IN CASE C-186/16, ANDRICIUC AND OTHERS VS BANCA ROMANEASCA |
| title_sort | rulings of the national courts following the curia decision in case c 186 16 andriciuc and others vs banca romaneasca |
| topic | Unfair terms in consumer contracts plain intelligible language" in „consumer contracts Significant imbalance in the parties” rights and obligations arising under the contract Case C-186/16 Andriciuc and Others v Banca Românească Árpád Kásler Hajnalka Káslerné Rábai v OTP Jelzálogbank |
| url | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_004.pdf |
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