January 23
2022
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Emilija Berzanskaite
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5th January 2022
Consumer, Health & Environment

Court of Justice to rule on possibility to alter unfair credit agreement term for benefit of consumer

Official publication has been made of a request for a preliminary ruling by the Curtea de Apel Cluj (Romania) in AA v Banca S (C-566/21), concerning the lawfulness and alteration of a term related to the currency conversion of the credit agreement concluded between a consumer and a bank.

A consumer, in this case, argued that the term in his credit agreement is unfair since the bank reserved the right to convert the currency unilaterally and on a discretionary basis, thus creating a significant imbalance between the rights and obligations of the contracting parties. The consumer, however, argues that the clause should not be removed but rather altered so that the right to convert the currency of the loan should be conferred also to

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