Official Journal of the European Union

C series

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C/2025/3249

Judgment of the Court (Eighth Chamber) of 30 April 2025 (request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción n6 de Ceuta 6 Spain) 6 Justa v Banco Bilbao Vizcaya Argentaria SA

(Case C-39/24,

Justa)

(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Articles 4 and 5 - Unfair terms in consumer contracts - Mortgage loan agreements - Term concerning loan arrangement fees - Plainness and intelligibility of the terms)

(C/2025/3249)

Language of the case: Spanish

Referring court

Juzgado de Primera Instancia e Instrucción n6 6 de Ceuta

Parties to the main proceedings

Applicant: Justa

Defendant: Banco Bilbao Vizcaya Argentaria SA

Operative part of the judgment

Article 5 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts

must be interpreted as not precluding national case-law which considers that a contractual term satisfies the requirement for transparency where it provides, in accordance with national legislation, for the payment by the consumer of an arrangement fee intended to remunerate services connected with the examination, granting or processing of a mortgage loan or credit or other similar services, which does not include a detailed description of the nature of those services or an indication of the time devoted to their performance, provided that the consumer has indeed been placed in a position to assess the economic consequences for him or her, to understand the nature of the services supplied in exchange for the costs provided for by that term and to ascertain that there is no overlap between the various costs provided for in the contract or between the services for which those costs are paid.

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(1) OJ C C/2024/3304.

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ELI: http://data.europa.eu/eli/C/2025/3249/oj

ISSN 1977-091X (electronic edition)

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