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Case C-405/21: Judgment of the Court (Tenth Chamber) of 13 October 2022 (request for a preliminary ruling from the Višje sodišče v Mariboru — Slovenia) — FV v NOVA KREDITNA BANKA MARIBOR d.d. (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Article 3(1) and Article 8 — Criteria for assessing the unfairness of a contractual term — Significant imbalance between the parties’ rights and obligations under the contract — Requirement of good faith on the part of the seller or supplier — Possibility of ensuring a higher level of protection than that provided for in the directive)
ECLI:EU:UNKNOWN:62021CA0405
62021CA0405
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Official Journal of the European Union
C 463/11
(Case C-405/21) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Article 3(1) and Article 8 - Criteria for assessing the unfairness of a contractual term - Significant imbalance between the parties’ rights and obligations under the contract - Requirement of good faith on the part of the seller or supplier - Possibility of ensuring a higher level of protection than that provided for in the directive)
(2022/C 463/13)
Language of the case: Slovenian
Referring court
Parties to the main proceedings
Applicant: FV
Defendant: NOVA KREDITNA BANKA MARIBOR d.d.
Operative part of the judgment
Article 3(1) and Article 8 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
must be interpreted as not precluding national legislation which permits a finding that a contractual term is unfair where it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer, without, however, carrying out an examination, in such a case, of the requirement of ‘good faith’ within the meaning of Article 3(1).
(<span class="oj-super">1</span>) OJ C 349, 30.8.2021.
Language of the case: Slovenian