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(2013)
EU:C:2013:88, para. 27, 35; cjeu
C-260/18, Dziubak, para. 66. ziemblicki and lewandowski Review of Central and East European Law
I. Domurath (2013)
The Case for Vulnerability as the Normative Standard in European Consumer Credit and Mortgage Law – An Inquiry into the Paradigms of Consumer LawAmsterdam Law School Legal Studies Research Paper Series
Opinion of the Advocate General Nils Wahl of 12
As noted by Advocate General Giovanni Pitruzzella, it may be even limited to "particularly unfavourable consequences
Analiza aktualnych zagadnień dotyczących kredytów "frankowych
See Supreme Court of Poland judgment of 29
M. Broberg, N. Fenger (2010)
Preliminary References to the European Court of Justice
case number I ACa 589/18, Court of Appeals in Szczecin judgment of 12 March 2020, case number I ACa 257/19, Circuit Court in Warsaw judgment of
Banif Plus Bank
(2019)
1460 (consolidated text) with amendments. ziemblicki and lewandowski Review of Central and East European Law
(2006)
Korzystny dla skarżącego wyrok etpcz jako podstawa skargi o wznowienie postępowania
AbstractIn recent years, the Court of Justice of the European Union has issued a number of judgments addressing the issue of consumer protection in connection with the use of unfair terms by banks in loan agreements indexed with a foreign currency exchange rate. Most of them have concerned issues of exchange rate risk and exchange rate differences between the purchase and sale rates of a given currency applied by the bank.This article analyzes the recent ruling by the Court of Justice of the European Union in the Dziubak case, which was initiated by referring questions for a preliminary ruling by a Polish court. The article’s purpose is to assess the position taken by the cjeu in this respect and its significance for consumers in Poland. Particular attention was paid to the considerations with regard to the possibility of replacing unfair provisions with general provisions and assessing the consumer’s awareness of the consequences of declaring a contract invalid. The aim is to examine the issues that were dealt with by the Court of Justice of the European Union in the Dziubak case, including – in particular – the answer to the question of whether the issues discussed by the cjeu had already been considered in its previous jurisprudence and whether it presents new, previously unknown legal consequences of the inclusion of unfair contract terms in loan agreements.
Review of Central and East European Law – Brill
Published: Dec 8, 2021
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