Op-Ed: “Unlocking justice: is the principle of effectiveness the key to reopening consumer contract cases? Profi Credit Polska  (C-582/21)” by Eduardo Silva de Freitas

Background to the questions referred: Unfair Contract Terms and the ex officio duty of national courts

AG Emiliou issued an Opinion concerning the duty of national courts to review ex officio the unfairness of contractual terms under the Unfair Terms Directive 93/13. The facts of this case are very similar to those in both Profi Credit Polska I (C‑176/17) and Profi Credit Polska II (C‑419/18 & C‑483/18). In a nutshell, the dispute arises from a loan agreement secured by a promissory note that gives the lender the right to demand payment in full of the entire unpaid debt if the borrower defaults. For that purpose, under the national procedural rules in question, the lender only needs to file for an order for payment based on th