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Case C-243/20: Judgment of the Court (Sixth Chamber) of 21 December 2021 (request for a preliminary ruling from the Polymeles Protodikeio Athinon — Greece) — DP, SG v Trapeza Peiraios AE (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms — Article 1(2) — Contractual terms which reflect mandatory statutory or regulatory provisions — Exclusion from the scope of that directive — Loan repayable in a foreign currency — Term which reflects a national provision of non-mandatory law — Relevance of the failure to transpose Article 1(2) — Article 3(1) and Article 4(1) — Review of the unfairness of a term — Article 8 — Adoption or retention of provisions which ensure a higher level of protection for consumers — Interaction between those various provisions of Directive 93/13)
ECLI:EU:UNKNOWN:62020CA0243
62020CA0243
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Official Journal of the European Union
C 84/12
(Case C-243/20) (1)
(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms - Article 1(2) - Contractual terms which reflect mandatory statutory or regulatory provisions - Exclusion from the scope of that directive - Loan repayable in a foreign currency - Term which reflects a national provision of non-mandatory law - Relevance of the failure to transpose Article 1(2) - Article 3(1) and Article 4(1) - Review of the unfairness of a term - Article 8 - Adoption or retention of provisions which ensure a higher level of protection for consumers - Interaction between those various provisions of Directive 93/13)
(2022/C 84/13)
Language of the case: Greek
Referring court
Parties to the main proceedings
Applicants: DP, SG
Defendant: Trapeza Peiraios AE
Operative part of the judgment
1.Article 1(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as precluding from the scope of that directive a term incorporated in a contract concluded between a consumer and a seller or supplier which reflects a national statutory or regulatory provision of non-mandatory law, that is to say, a term which applies by default in the absence of other arrangements established by the parties, even if that term has not been individually negotiated;
2.Article 1(2) of Directive 93/13 must be interpreted as precluding the terms referred thereto from the scope of that directive, notwithstanding that Article 1(2) has not been formally transposed into the national law of a Member State, and, in such a case, the courts of that Member State cannot consider that Article 1(2) has been incorporated indirectly into national law through the transposition of Articles 3(1) and 4(1) of that Directive;
3.Article 8 of Directive 93/13 must be interpreted as not precluding the adoption or retention of national legislation which has the effect of applying the system of consumer protection under that directive to terms referred to in Article 1(2) thereof.
* Language of the case: Greek.
(1) OJ C 271, 17.8.2020.