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Case C-645/22, Luminor Bank: Judgment of the Court (Ninth Chamber) of 12 October 2023 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas — Lithuania) — R.A. and Others v ‘Luminor Bank AS’, acting through ‘Luminor Bank AS’ Lietuvos skyrius (Reference for a preliminary ruling — Unfair terms in consumer contracts — Directive 93/13/EEC — Effects of a term being found to be unfair — Intention of a consumer to preserve a contract by amending the terms found to be unfair — Powers of the national court)
ECLI:EU:UNKNOWN:62022CA0645
62022CA0645
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Official Journal of the European Union
Series C
C/2023/939
27.11.2023
(Case C-645/22, (1) Luminor Bank)
(Reference for a preliminary ruling - Unfair terms in consumer contracts - Directive 93/13/EEC - Effects of a term being found to be unfair - Intention of a consumer to preserve a contract by amending the terms found to be unfair - Powers of the national court)
(C/2023/939)
Language of the case: Lithuanian
Referring court
Parties to the main proceedings
Applicant: R.A. and Others
Defendant: Luminor Bank AS’, acting through ‘Luminor Bank AS’ Lietuvos skyrius
Operative part of the judgment
Article 6(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
must be interpreted as precluding a national court, where it has found that a contract cannot remain valid following the removal of an unfair term and the consumer concerned expresses the intention to preserve that contract by amending that term, from ruling on the measures to be taken to restore the effective balance between the rights and obligations of the parties to that contract without first examining the consequences of annulling that contract in its entirety, even where that court has the possibility of replacing that term with a supplementary provision of national law or with a provision applicable where those parties so agree.
ELI: http://data.europa.eu/eli/C/2023/939/oj
ISSN 1977-091X (electronic edition)
* * *
(*1) Language of the case: Lithuanian.