C-320/24CR and TP v Soledil Srl, sous concordat préventif

Domstolens egne nøkkelord

Reference for a preliminary ruling – Consumer protection – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 6(1) and Article 7(1) – Power of review and obligations of the national court – Penalty clause – No review of the court’s own motion of whether that term is unfair – Res judicata – Principle of effectiveness – Article 47 of the Charter of Fundamental Rights of the European Union – Reliance on the unfairness of a contractual term before a court to which the case has been remitted following cassation.

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