Limitations to the Action for Restitution after Annulment for Unfairness of the Term - The CJEU in Caixabank (C-801/21 to 813/21)
Recent Developments In European Consumer Law
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3w ago
With ruling of January 25th, the Court of Justice (CJEU) ruled on the consequences of the annulment of an unfair term in mortgage loan agreements and in particular on the limitations that an action for restitution may be subjected to. The Provincial Court of Barcelona referred to the CJEU three joined cases dealing with the same circumstances. Consumers concluded mortgage loan agreements in ..read more
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'Teaching Consumer Law in a Changing Environment' conference - call for papers
Recent Developments In European Consumer Law
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3w ago
The Teaching Consumer Law conference returns to Santa Fe this year on 17-18 May. You may reply to the call for papers for another week, with the deadline set on February 15.Further details of the call for papers may be found here and of the conference - here.&nbsp ..read more
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Passengers acting to avoid flight delay = no compensation
Recent Developments In European Consumer Law
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1M ago
In two judgments issued on 25 January, the CJEU addressed questions related to the passengers’ right to claim compensation for a long flight delay. The unusual aspect of both cases is that in neither of them passengers actually experienced the delay, having decided to forego the delayed flight. Unsurprisingly, the CJEU decided in both cases that they could not then claim compensation from ..read more
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Consumer law and automated decision making: the work of ELI
Recent Developments In European Consumer Law
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1M ago
At the end of 2023, the European Law Insitute published its Interim Report on EU Consumer Law and Automated Decision Making, answering whether EU Consumer Law is ready for automated decision-making, and observing this question through the lens of a relationship between the consumer, the digital assistant and the trader. The Report sets out eight Principles that should be followed to make EU ..read more
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Facilitating enforcement of unfairness control - CJEU in Getin Noble Bank and Others (C-531/22)
Recent Developments In European Consumer Law
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1M ago
Happy 2024 Dear Readers!We are starting a new year of reporting with the reference to the last week's judgment in the Polish case referred to the CJEU as Getin Noble Bank and Others (C-531/22 - not yet available in English, but accessible in other languages). This judgments continues to provide guidance on the application of the Unfair Contract Terms Directive to terms in mortgage ..read more
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Consequences of unfair core terms - CJEU in mBank (C-140/22)
Recent Developments In European Consumer Law
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3M ago
Last Thursday the CJEU issued a new judgment in the saga of Swiss francs mortgage loan contracts (C-140/22 - there is no English language text available yet). It was a Polish court who asked for a clarification of a few issues related to voiding such contracts as a result of them containing an unfair contract term, the removal of which would not enable the contract to remain in force.Declaring ..read more
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Ecodesign: trialogue agreement reached
Recent Developments In European Consumer Law
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3M ago
While all eyes are on the trialogue negotiations for the AI act, another very important negotiation round has just closed in Brussels - namely the one concerning the proposed Ecodesign regulation. We have become more and more aware that most of the environmental impact of products is generated at production stage - making it necessary that we buy less products and use them for longer. Improving ..read more
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Revision of EU travel rules
Recent Developments In European Consumer Law
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3M ago
By Alex Azabache on UnsplashLast week, on November 29th, the European Commission announced the forthcoming (long-awaited) revision of EU travel rules (Improved rights and better information for travellers). This concerns a few legislative measures: 1. Revision of Regulation 261/2004 on Passenger Rights through a newly proposed Regulation as regards enforcement of passenger rights in the ..read more
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BEUC and NOYB oppose Meta's pay-or-consent model
Recent Developments In European Consumer Law
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3M ago
FreepikI am sure you have noticed that in early November, Meta launched paid subscriptions for its social media. Now you may choose to stop receiving targeted advertisements on Facebook and Instagram under one condition -  you have to pay €9.99/month on the web or €12.99/month on the iOS and Android versions of the apps. Of course, without payment, you can still use the services, but then ..read more
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CJEU rules on excessive fees in consumer contracts (C‑321/22, Provident Polska)
Recent Developments In European Consumer Law
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3M ago
Last Thursday, the Court of Justice delivered another interesting ruling on unfair terms in consumer credit contracts. The focus this time was not on mortgage loans, but on credit agreements for relatively low sums, often concluded by consumers in financial distress. The judgment deals with three separate issues: 1) the scope and interpretation of the fairness test; 2) the principle of ..read more
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