C-767/24mBank S.A. v ML

Domstolens egne nøkkelord

Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 7(1) – Effects of a term being found to be unfair – Contract declared void – Action brought by a seller or supplier seeking restitution of the amount of the loan paid under a contract which is to be annulled – Consequences of the submission of a declaration of set-off – Implied waiver of the objection that the action is time-barred – Effective exercise of the procedural rights of consumers – Principle of effectiveness – Dissuasive effect of the prohibition on unfair terms.

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