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Document 62021CJ0405
Judgment of the Court (Tenth Chamber) of 13 October 2022.
FV v NOVA KREDITNA BANKA MARIBOR d.d.
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1) and Article 8 – Criteria for assessing the unfairness of a contractual term – Significant imbalance between the parties’ rights and obligations under the contract – Requirement of good faith on the part of the seller or supplier – Possibility of ensuring a higher level of protection than that provided for in the directive.
Case C-405/21.
Judgment of the Court (Tenth Chamber) of 13 October 2022.
FV v NOVA KREDITNA BANKA MARIBOR d.d.
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1) and Article 8 – Criteria for assessing the unfairness of a contractual term – Significant imbalance between the parties’ rights and obligations under the contract – Requirement of good faith on the part of the seller or supplier – Possibility of ensuring a higher level of protection than that provided for in the directive.
Case C-405/21.
ECLI identifier: ECLI:EU:C:2022:793
Case C‑405/21
FV
v
NOVA KREDITNA BANKA MARIBOR d.d.
(Request for a preliminary ruling from the Višje sodišče v Mariboru)
Judgment of the Court (Tenth Chamber) of 13 October 2022
(Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1) and Article 8 – Criteria for assessing the unfairness of a contractual term – Significant imbalance between the parties’ rights and obligations under the contract – Requirement of good faith on the part of the seller or supplier – Possibility of ensuring a higher level of protection than that provided for in the directive)
Consumer protection – Unfair terms in consumer contracts – Directive 93/13 – Unfair term within the meaning of Article 3 – Assessment of unfair nature by the national court – National legislation permitting a finding that a term is unfair without examining the requirement of good faith – Whether permissible
(Council Directive 93/13, Arts 3(1) and 8)
(see paragraphs 18-28, 33-37, operative part)