As for the loans denominated, the provisions referring to exchange rate tables included in the scope of the main contract such loan agreement. And it must prove to the court. In any case – due, among others, the lack of indication in the contract of the criteria for determining courses and unlimited simultaneous exchange risk without reliable information about risks – these provisions are non-transparent and unfair. I also believe that without these provisions of the agreement can not function in accordance with national law “- explains attorney. Barbara Garlacz.Wola consumer decides to grant him ochronyOdpowiadając the question of the will of the consumer ECJ pointed out that it is crucial for the acquisition of consumer protection guaranteed by Directive 93/13. So it is not the will concerning the annulment of the contract or agreement as to leave PLN plus LIBOR. “ECJ pointed out that the agreement if the defect is so serious that the dishonesty of the provisions relates to the provisions governing its main object – the only way out of this situation is the nullity of the contract. And there is no place for a buck plus LIBOR.
Protection system guarantees the annulment of the contract. Whereas the consumer must decide whether he wants to or use of such protection will be in agreement with the defective provisions. Therefore, the key is to insist in court void the contract – not the zloty plus LIBOR, because this does not apply to the CJEU. ECJ Judgment should align in the di Read More »