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Case C-263/22, Ocidental — Companhia Portuguesa de Seguros de Vida: Judgment of the Court (Ninth Chamber) of 20 April 2023 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Ocidental — Companhia Portuguesa de Seguros de Vida, SA v LP (Reference for a preliminary ruling — Unfair terms in consumer contracts — Directive 93/13/EEC — Articles 3 to 6 — Criteria for assessing the unfairness of a contractual term — Requirement of transparency — Group insurance contract — Permanent invalidity of the consumer — Duty to provide information — Non-disclosure of a term limiting or excluding cover against the insured risk)
ECLI:EU:UNKNOWN:62022CA0263
62022CA0263
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12.6.2023
Official Journal of the European Union
C 205/17
(Case C-263/22, (<span class="oj-super oj-note-tag">1</span>) Ocidental — Companhia Portuguesa de Seguros de Vida)
(Reference for a preliminary ruling - Unfair terms in consumer contracts - Directive 93/13/EEC - Articles 3 to 6 - Criteria for assessing the unfairness of a contractual term - Requirement of transparency - Group insurance contract - Permanent invalidity of the consumer - Duty to provide information - Non-disclosure of a term limiting or excluding cover against the insured risk)
(2023/C 205/20)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Ocidental — Companhia Portuguesa de Seguros de Vida, SA
Defendant: LP
intervening parties: Banco Comercial Português SA, Banco de Investimento Imobiliário SA
Operative part of the judgment
1.Article 4(2) and Article 5 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, read in the light of the 20th recital of that directive, must be interpreted as meaning that a consumer must always be afforded the opportunity, before the conclusion of a contract, to become acquainted with all the terms that the latter contract contains.
2.Article 3(1) and Articles 4 to 6 of Directive 93/13 must be interpreted as meaning that where a term of an insurance contract relating to the exclusion or limitation of cover against the insured risk, with which the consumer concerned could not have become acquainted prior to the conclusion of that contract, is found to be unfair by the national court, that court is required to exclude the application of that term in order that it may not produce binding effects with regard to that consumer.
Language of the case: Portuguese
(1) OJ C 276, 18.7.2022.