recent-ecl.blogspot.de - Recent developments in European Consumer Law

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The Sixth Annual Consumer Law Scholars Conference will take place at Berkeley Law from February 29 to March 1, 2024 . This is a small but prestigious event in the field of consumer law, with participants supporting in-progress scholarship and building valuable networks. To achieve this aim, workshop sessions are organised during which commentators rather than authors present the papers. All participants are expected to read papers and participate in the discussion. Some authors may choose to present their s

In the Spanish case referred to the CJEU, consumers' interest rate was calculated with reference to the Mortgage Loan Reference Indices (IRPH). Consumers claimed that they were not informed as to the full impact of having such a reference rate, with relevant information either missing from the mortgage loan agreement or not being properly communicated to them. Whilst the Unfair Commercial Practices Directive was not yet applicable at the time the mortgage loan contract was concluded (2006), the Court could

The CJEU reiterates the main points on transparency from the  Andriciuc and Others  judgment (see our comment ): Consumers require sufficient information to take prudent and well-informed decisions ; mainly average consumers need to be able to estimate the total cost of the loan   (para 53). This translates into an obligation, when variable-rate mortgage loan contracts are concluded, for average consumers to understand: the specific functioning of the method used for calculating that rate  (para 55). This r