This document is an excerpt from the EUR-Lex website
Document E2025J0009
JUDGMENT OF THE COURT of 12 February 2026 in Case E-9/25 – Peter Plörer v LGT Bank AG (Consumer law – Directive 93/13/EEC – Non-binding effect of unfair contract terms – Legality of national statutes of limitation)
JUDGMENT OF THE COURT of 12 February 2026 in Case E-9/25 – Peter Plörer v LGT Bank AG (Consumer law – Directive 93/13/EEC – Non-binding effect of unfair contract terms – Legality of national statutes of limitation)
JUDGMENT OF THE COURT of 12 February 2026 in Case E-9/25 – Peter Plörer v LGT Bank AG (Consumer law – Directive 93/13/EEC – Non-binding effect of unfair contract terms – Legality of national statutes of limitation)
OJ C, C/2026/2959, 28.5.2026, ELI: http://data.europa.eu/eli/C/2026/2959/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
Official Journal |
EN C series |
|
C/2026/2959 |
28.5.2026 |
JUDGMENT OF THE COURT
of 12 February 2026
in Case E-9/25
Peter Plörer v LGT Bank AG
(Consumer law – Directive 93/13/EEC – Non-binding effect of unfair contract terms – Legality of national statutes of limitation)
(C/2026/2959)
In Case E-9/25, Peter Plörer v LGT Bank AG – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Princely Supreme Court (Fürstlicher Oberster Gerichtshof) concerning the interpretation of the principle of effectiveness in the context of national rules on limitation periods governing claims for remuneration interest on sums of money unduly withheld as a result of the invalidity of a contractual term, where that invalidity stems from the term’s incompatibility with EEA Law, the Court, composed of Páll Hreinsson, President, Bernd Hammermann and Michael Reiertsen (Judge-Rapporteur), Judges, gave judgment on 12 February 2026, the operative part of which is as follows:
Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as precluding a national provision under which compensatory interest on sums unlawfully withheld as a result of the invalidation of a contract term under that directive is subject to a limitation period that expires before the consumer had the opportunity to both become aware of, and exercise, the rights conferred by EEA law.
ELI: http://data.europa.eu/eli/C/2026/2959/oj
ISSN 1977-091X (electronic edition)