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Case C-230/24, Banco Santander: Judgment of the Court (Ninth Chamber) of 13 March 2025 (request for a preliminary ruling from the Juzgado de Primera Instancia de La Coruña – Spain) – MF v Banco Santander SA (Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Principle of equivalence – Mortgage loan agreements – Term stipulating that costs relating to the contract are to be paid by the consumer – Action for invalidity – Limitation period for an action seeking repayment of sums paid but not due – Actions seeking, respectively, a declaration that a contractual term is invalid and seeking to enforce the restitutory effects of such a declaration subject to different limitation periods)
ECLI:EU:UNKNOWN:62024CA0230
62024CA0230
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Official Journal of the European Union
C series
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C/2025/2502
12.5.2025
(Case C-230/24,
Banco Santander)
(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Article 6(1) and Article 7(1) - Principle of equivalence - Mortgage loan agreements - Term stipulating that costs relating to the contract are to be paid by the consumer - Action for invalidity - Limitation period for an action seeking repayment of sums paid but not due - Actions seeking, respectively, a declaration that a contractual term is invalid and seeking to enforce the restitutory effects of such a declaration subject to different limitation periods)
(C/2025/2502)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: MF
Defendant: Banco Santander SA
Operative part of the judgment
Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, and the principle of equivalence,
must be interpreted as not precluding national legislation or case-law which, while providing that an action seeking a declaration of invalidity of an unfair term in a contract concluded between a seller or supplier and a consumer is not subject to a time limit, subjects the action seeking to enforce the restitutory effects of that declaration to a limitation period, in so far as the national legal system provides, in areas other than those covered by Directive 93/13, for actions based on the effects of a declaration of invalidity which are similar, as regards their purpose, cause of action and essential characteristics, to actions seeking to enforce those restitutory effects and which are subject to a limitation period comparable to that which applies to the latter actions.
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OJ C C/2024/4571.
ELI: http://data.europa.eu/eli/C/2025/2502/oj
ISSN 1977-091X (electronic edition)
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