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CJEU Case C-495/19 / Judgment

Kancelaria Medius SA v RN

Policy area:
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Sixth Chamber)
Decision date:

Key facts of the case:

Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC– Article 7(1) — Consumer credit — Review of whether the contractual terms are unfair — Failure of the consumer to appear at the hearing — Scope of the court’s powers and obligations.

Outcome of the case:

On those grounds, the Court (Sixth Chamber) hereby rules:

Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as precluding the interpretation of a national provision whereby a court hearing an action brought against a consumer by a seller or supplier, which falls within the scope of Directive 93/13, and giving judgment in default, where that consumer has failed to appear at the hearing to which he was invited, is prevented from adopting the measures of inquiry needed in order to examine of its own motion whether the contractual terms on which the seller or supplier based its action are unfair, when that court has doubts as to whether those terms are unfair, within the meaning of that directive.