September 18
2021
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Dolores Utrilla
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20th July 2021
Banking & Finance Consumer, Health & Environment Internal Market Justice & Litigation

Enforcement of the Unfair Terms Directive and procedural limits to national courts’ powers: AG Tanchev’s Opinions

Advocate General (AG) Tanchev has delivered his Opinions in the Grand Chamber cases Unicaja Banco (C-869/19), SPV Project 1503 and Banco di Desio e della Brianza and Others (joined cases C-693/19 and C-831/19), Impuls Leasing România (C-725/19), and Ibercaja Banco (C-600/19), relating to the powers of national courts in enforcement proceedings of instruments that contain unfair contractual terms.

The cases are based on Spanish, Italian and Romanian requests for preliminary rulings addressing similar issues relating to the extent of the national court’s obligation to examine of its own motion (ex officio) the unfairness of contractual terms in accordance with the Court of Justice’s case law interpreting the Unfair Terms Directive a

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