argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Mortgages - foreign currency - unfair clause

On 8 September 2022, the Cgue with the sentence on the joined cases from C-80/21 to C-82/21 faced a case of “abusive” provision of the contract on the different conversion price in the registration and repayment phase of the installments. In detail, the case concerned mortgage loans concluded in Poland for the purchase of real estate and expressed in Swiss francs instead of Polish zlotys. A clause of the contracts required that these loans be registered in the foreign currency and made available to consumers in the national currency, applying the purchase exchange rate of the Swiss franc against the Polish zloty as the conversion price. Furthermore, the same clause established that the conversion price applicable at the time of the repayment of the monthly mortgage installments was instead that corresponding to the sale exchange rate of the foreign currency with respect to the national one. For the Court, in the event that the declaration of unfairness of the clause overwhelms the entire contract as invalid and the consumer has been informed of this consequence and has consented to it, it does not appear that such a declaration by the judge entails for the consumer himself “particularly harmful consequences “ within the meaning of the directive. In the face of the consumer’s refusal, aware of the consequences, a judicial interpretation of the contract is therefore not permitted which in fact replaces the provisions of the unfair clause by modifying its content.