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Case C-265/22, Banco Santander (Reference to an official index): Judgment of the Court (Ninth Chamber) of 13 July 2023 (request for a preliminary ruling from the Juzgado de Primera Instancia n. 17 de Palma de Mallorca — Spain) — ZR, PI v Banco Santander, SA (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Mortgage loan agreements — Term providing for a variable interest rate — Reference index based on the annual percentage rates of charge (APRC) of mortgage loans granted by credit institutions — Index established by a regulatory or administrative act — Information contained in the preamble to that act — Check relating to the requirement of transparency — Assessment of the unfair nature of the term)
ECLI:EU:UNKNOWN:62022CA0265
62022CA0265
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11.9.2023
Official Journal of the European Union
C 321/13
(Case C-265/22, (1) Banco Santander (Reference to an official index))
(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Mortgage loan agreements - Term providing for a variable interest rate - Reference index based on the annual percentage rates of charge (APRC) of mortgage loans granted by credit institutions - Index established by a regulatory or administrative act - Information contained in the preamble to that act - Check relating to the requirement of transparency - Assessment of the unfair nature of the term)
(2023/C 321/16)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicants: ZR, PI
Defendant: Banco Santander, SA
Operative part of the judgment
Article 3(1), Article 4 and Article 5 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts,
must be interpreted as meaning that, in order to assess the transparency and potential unfairness of a term in a variable-rate mortgage loan agreement that designates as a reference index, for the periodic review of the interest rate applicable to that loan, an index established by a notice the subject of an official publication, to which an increase is applied, the content of the information contained in another notice — indicating the need to apply to that index, in view of its method of calculation, a negative margin in order to align that interest rate with the market rate — is relevant. It is also relevant whether that information is sufficiently accessible for an average consumer.
(1) OJ C 326, 29.8.2022.