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Joined Cases C-6/24 and C-231/24, Abanca Corporación Bancaria (Acceleration clause): Judgment of the Court (Eighth Chamber) of 8 May 2025 (request for a preliminary ruling from the Juzgado de Primera Instancia No 8 de La Coruña – Spain) – Abanca Corporación Bancaria SA v WE (C 6/24), VX (C 231/24) (Reference for a preliminary ruling – Consumer protection – Consumer credit agreements – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1) – Acceleration clause – Judicial review – No national legislation governing the acceleration clause – Criteria for assessing unfairness)
ECLI:EU:UNKNOWN:62024CA0006
62024CA0006
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Official Journal of the European Union
C series
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C/2025/3383
30.6.2025
(Joined Cases C-6/24
Abanca Corporación Bancaria (Acceleration clause))
(Reference for a preliminary ruling - Consumer protection - Consumer credit agreements - Directive 93/13/EEC - Unfair terms in consumer contracts - Article 3(1) - Acceleration clause - Judicial review - No national legislation governing the acceleration clause - Criteria for assessing unfairness)
(C/2025/3383)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Abanca Corporación Bancaria SA
Defendants: WE (C-6/24), VX (C-231/24)
Operative part of the judgment
Article 3(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
must be interpreted as meaning that, for the purpose of assessing whether an acceleration clause contained in a personal loan agreement is unfair, account may be taken of the fact that that clause allows the consumer to avoid the accelerated repayment of the loan or to remedy the effects thereof, without it being necessary for that possibility to be provided for by a rule of national law specifically applicable to personal loan agreements.
Article 3(1) of Directive 93/13
must be interpreted as meaning that, for the purpose of assessing whether an acceleration clause contained in a loan agreement is unfair, it is for the national court to ascertain whether the means enabling the consumer to avoid the accelerated repayment of the loan or to remedy the effects thereof are adequate and effective, by taking into consideration, in particular, whether the period afforded to the consumer to make the requested payment of the sums that are overdue on the loan is sufficient in practical terms. In that regard, the existence of provisions in national legislation providing, in the context of similar contractual relations, for such a period for the benefit of the borrower is a particularly relevant factor.
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(1) OJ C C/2024/3889.
(2) OJ C C/2024/3898.
ELI: http://data.europa.eu/eli/C/2025/3383/oj
ISSN 1977-091X (electronic edition)
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