Asunto C-567/20: Petición de decisión prejudicial planteada por el Općinski građanski sud u Zagrebu (Croacia) el 29 de octubre de 2020 — A.H. / Zagrebačka banka d.d.
Section | Serie C |
18.1.2021 ES Diario Oficial de la Unión Europea C 19/44
1) ¿Debe interpretarse el artículo 6, apartado 1, de la Directiva 93/13 (1), sobre las cláusulas abusivas en los contratos celebrados con consumidores, tal como lo ha interpretado el Tribunal de Justicia en su jurisprudencia, en especial en el asunto C-118/17, Dunai, en el sentido de que la intervención del legislador en las relaciones entre un consumidor, prestatario, y un banco no puede desvirtuar el derecho de los consumidores a impugnar judicialmente las cláusulas del contrato originario o del anexo del contrato, celebrado con arreglo a la Ley, para hacer efectivo el derecho a la restitución de todos los beneficios que el banco haya obtenido indebidamente en detrimento de los consumidores aplicando cláusulas abusivas, cuando, en virtud de la intervención del legislador, los consumidores hayan procedido voluntariamente a modificar la relación contractual originaria sobre la base de la obligación legal impuesta a los bancos de que brinden a los consumidores esta posibilidad y no directamente sobre la base de una ley de intervención, como sucedía en el asunto Dunai
2) En...
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