Judgment of the Court Grand Chamber of 17 May 2022, Ibercaja Banco, C-600/19

• Date: 17 May 2022
• Year: 2022

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In the second place, as regards the question of what information must be provided to the consumer

with regard to the ‘conditions of’ the manufacturer’s commercial guarantee,

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the Court finds that the

trader is required to provide to the consumer, in order to meet the consumer’s legitimate interest in

obtaining information on the manufacturer’s commercial guarantee allowing him or her to decide

whether to enter into a contractual relationship with the trader, any information relating to the

conditions of application and implementation of the commercial guarantee concerned. In addition to

the duration and territorial scope of the guarantee expressly referred to in the second indent of

Article 6(2) of the directive on the sale of consumer goods and associated guarantees,

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those

elements may include not only the place of reparation in the event of damage or any guarantee

restrictions, but also, depending on the circumstances, the name and address of the gu arantor.

Judgment of the Court (Grand Chamber) of 17 May 2022, Ibercaja Ban co, C-600/19

Link to the complete text of the judgment

Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle

of equivalence – Principle of effectiveness – Mortgage enforcement proceedings – Unfairness of the term

setting the nominal rate for default interest, and of the advanced repay ment term in the loan agreement –

Force of res judicata and time-barring – Loss of the possibility of relying on the unfairness of a contractual

term before a court – Power of review by the national court of its own motion

Judgment of the Court (Grand Chamber) of 17 May 2022, SPV Project 1503 and Others., C-

693/19 and C-831/19

Link to the complete text of the judgment

Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle

of equivalence – Principle of effectiveness – Payment order and attachment proceedings against third

parties – Force of res judicata implicitly coverin g the validity of the terms of an enforceable instrument –

Power of the court hearing the enforcement proceedings to examine of its own motion the potential

unfairness of a term

Judgment of the Court (Grand Chamber) of 17 May 2022, Impuls Leasing România, C-725/19

Link to the complete text of the judgment

Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle

of equivalence – Principle of effectiveness – Enforcement proceedings in respect of a leasing contract

constituting an enforceable instrument – Objection to enfo rcement – National legislation not allow ing the

court hearin g that objection to determine whether the terms of an enforceable instrument are unfair –

Power of the court hearing the enforcement proceedings to examine of its own motion whether a term is

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That concept appears in Article 6(1)(m) of the Consumer Rights Direc tive.

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Directive 1999/44 of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and

associated guarantees (OJ 1999 L 171, p. 12).