Official Journal of the European Union

C 35/10

(Case C-269/19) (<span class="oj-super oj-note-tag">1</span>)

(Reference for a preliminary ruling - Consumer protection - Unfair terms in consumer contracts - Directive 93/13/EEC - Consequences of a term being found to be unfair - Replacement of the unfair term - Method for calculating the variable interest rate - Whether permissible - Referral of the parties to negotiations)

(2021/C 35/12)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Appellant: Banca B. SA

Respondent: A.A.A.

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 meaning that, after terms establishing the mechanism for determining the variable interest rate in a loan agreement such as that at issue in the main proceedings have been found to be unfair, and when that contract cannot continue to exist following the removal of the unfair terms in question, annulment of the contract would have particularly unfavourable consequences for the consumer and there are no supplementary provisions under national law, the national court must, while taking into account all of its national law, take all the measures necessary to protect the consumer from the particularly unfavourable consequences which could result from annulment of the loan agreement in question. In circumstances such as those in question in the main proceedings, nothing precludes the national court from, inter alia, inviting the parties to negotiate with the aim of establishing the method for calculating the interest rate, provided that that court sets out the framework for those negotiations and that those negotiations seek to establish an effective balance between the rights and obligations of the parties taking into account in particular the objective of consumer protection underlying Directive 93/13.

(<span class="oj-super">1</span>) OJ C 238, 15.7.2019.

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Language of the case: Romanian