Comunicaciones al DO nº C-269/19 of Tribunal de Justicia, Sala 1ª, January 15, 2021
Resolution Date | January 15, 2021 |
Issuing Organization | Sala Primera |
Decision Number | C-269/19 |
Sentencia del Tribunal de Justicia (Sala Primera) de 25 de noviembre de 2020 (petición de decisión prejudicial planteada por la Curtea de Apel Cluj - Rumania) - Banca B. SA / A.A.A.
(Asunto C-269/19) 1
(Procedimiento prejudicial - Protección de los consumidores - Cláusulas abusivas en los contratos celebrados con los consumidores - Directiva 93/13/CEE - Consecuencias de la declaración del carácter abusivo de una cláusula - Sustitución de la cláusula abusiva - Modo de cálculo del tipo de interés variable - Procedencia - Emplazamiento a las partes para que negocien)
Lengua de procedimiento: rumano
Órgano jurisdiccional remitente
Curtea de Appel Cluj
Partes en el procedimiento principal
Demandante: Banca B. SA
Demandada: A.A.A.
Fallo
El artículo 6, apartado 1, de la Directiva 93/13/CEE del Consejo, de 5 de abril de 1993, sobre las cláusulas abusivas en los contratos celebrados con consumidores, debe interpretarse en el sentido de que, tras haberse declarado el carácter abusivo de las cláusulas que definen el mecanismo de determinación del tipo de interés variable en un contrato de préstamo como el controvertido en el litigio principal y cuando ese contrato no pueda subsistir tras la supresión de las cláusulas abusivas en cuestión, la anulación de dicho contrato tenga consecuencias especialmente perjudiciales para el consumidor y no exista ninguna disposición de Derecho nacional de carácter supletorio, el juez nacional debe adoptar, tomando en...
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