To continue our reporting on CJEU judgments concerning unfair contract terms in mortgage credit contracts denominated in Swiss francs, let us look at three recent judgments in Polish cases, all delivered on 16 April. Each of these cases addresses the
Recent Developments in European Consumer Law
Recent Developments in European Consumer Law is a publication focused on legal updates and interpretations related to consumer protection within the European Union. It covers rulings from the Court of Justice of the European Union (CJEU), legislative agendas, and directives affecting consumer rights, contracts, labeling, credit agreements, and airline passenger rights. The content is aimed at legal professionals, policymakers, and stakeholders interested in EU consumer law and policy developments. Topics include the application of consumer rights directives, regulatory frameworks for product labeling, consumer credit regulations, and compensation rules for flight delays.
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Early repayment and reduction in the total cost of mortgage loans C-76/22
Another interesting case tackled by the CJEU was C-76/22 QI v Santander Bank Polska S.A., focusing on Directive 2014/17/EC on Mortgage Credit (MCD) and the rules on the calculation of the reduction of the total cost of credit in…
General information and a representative example in (mortgage) loan contracts C-85/24
The
CJEU was given the opportunity to interpret Directive 2014/17/EU on Mortgage
Credit (MCD) in C-85/24 Verein für Konsumenteninformation v BAWAG
P.S.K. Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse AG. While mortgage loans are a
frequent issue infront of…
Fairness of indexing benchmarks in variable rate loans C -471/24
In a recent
judgment delivered on 12 February 2026 in C-471/24 J.J. v PKO BP S.A., the CJEU
delivered further important interpretation on matters affecting loan contracts
in variable rates. In this
Polish case the consumer concluded a mortgage loan…
Legislation based contract amendments and the review of unfairness C-176/23
On
30 May 2024, the CJEU delivered C-176/23 UG v Raiffeisen Bank SA an
important judgment that is highly relevant today and covers an important and
not frequently adjudicated question – the issue of the mandatory terms
exception in Article…
Reconsideration or entrapment? Possible abuse of withdrawal rights under CRD, CJEU C-564/24
Over the past few days, one case has kept coming up in professional conversations which we have not covered so far – namely, Eisenberger Gerüstbau v JK (C-564/24), decided on 5 March, a new case concerning possible abuse of withdrawal…
C-526/24 Brillen Rottler: when does exercising your GDPR rights become abusive?
Have you ever tried to find out who is processing your data and exercised your right under Article 15 GDPR? It is a useful transparency tool for data subjects – who are in many circumstances consumers as well, for instance…
Commission opens official DSA investigation into SHEIN
While the announced Digital Fairness Act proposal remains so far at the announcement stage, the last few months have brought to light the DSA’s potential – if yet to be tested – to contribute to consumer protection beyond content moderation…
Dutch court upholds Fortnite fine for UCPD violations
While the “Digital Fairness Act” may or may not become a thing in the near future, it is interesting to see how regulators have started to perhaps gain more confidence in the enforcement of existing rules in the digital context.…
Customs duties and contracts: AG Ćapeta clarifies Article 5 CRD (C-488/24)
Photo by Imre Tomosvari on UnsplashLast Thursday, AG Ćapeta delivered her opinion in Kigas (C-488/24), which primarily addresses the scope of information obligations under Article 5 of the Consumer Rights Directive. In this case, a consumer arranged for the transport of…