EFFECTS OF THE CJEU DECISION IN CASE C-520/21 ON CONSUMER COMPENSATIONFOR DAMAGES CAUSED BY ABUSIVE CLAUSES USED IN BANK CREDIT CONTRACTS
Mircea GROZAVU, Universitatea de Stat din Moldova
Abstract
After the pronouncement of the Decision of the Court of Justice of the European Union in Case C-520/21, we can
observe evolution of the conditions and the ways in which the restoration to the situation prior to the cancellation of the abusive clauses in the bank loan contract with the consumers is carried out, as well as the ways in which it is carried out compensation for damage caused by the professional’s use of abusive clauses.
The purpose of this article is to document the scope of these changes in the eventuality of harmonizing national legislation to update legal protection for consumer rights, regarding the effects of this decision regarding the ,,nullity of protection” and from the perspective of the effects of this decision regarding the right of the parties to the credit agreement to request damages in the event of the cancellation of the credit agreement.
Keywords: abusive clauses, nullity, restoring the previous situation, consumer protection, harmonization of legislation.
