COURT OF JUSTICE OF THE EU / Consumers

Court clarifies extent to which a national jurisdiction can examine whether a clause can be considered abusive

Salzburg, 20/09/2018 (Agence Europe)

The potentially abusive nature of a contractual clause that places the exchange-rate risk on the borrower and does not reflect the legislative provisions in force can be the subject of jurisdictional control, the Court of Justice of the European Union ruled on Thursday 20 September (case C-51/17).

In 2008, Ms Teréz Ilyés and Mr Emil Kiss took out a loan in Swiss francs with a Hungarian bank. The monthly repayments had to be paid in Hungarian forints on the basis of the current exchange...