The Ombudsman General of the CJEU issued an opinion. It's about housing loans with WIBOR rate
This morning, a general spokesman presented an opinion on this matter. With regard to the first question, he proposed that the CJEU answered that art. 1 para. 2 of Directive 93/13, it should be interpreted in such a way that “the contractual condition included in the mortgage agreement concluded between the consumer and the entrepreneur, which condition provides that the interest rate used to the loan is a variable interest rate based on the WIBOR 6M reference indicator, is covered by the scope of the use of this directive, if the national provisions do not provide for the obligatory application of this. the indicator and its specific rate, regardless of the selection made by the parties to the contract. “
See also: This opinion may indicate the direction. The fate of millions of loans with WIBOR
What were the questions of preliminary ruling to the CJEU?
The court in Częstochowa asked the CJEU in the first question whether the provisions of Directive 93/13 should be interpreted in such a way that they allow the examination of contractual provisions regarding the variable interest on the basis of the WIBOR reference indicator. In the second, he asked whether in the event of a positive response to the first, these provisions should be interpreted in such a way that the provisions of the contract regarding the variable interest rate based on the WIBOR reference indicator can be treated as not allowed due to improper informing the consumer about the exposure to the risk of variable interest rates.
He also asked if if the WIBOR clause was considered abusive, then the loan agreement could continue to function only in a formula based on the bank's margin, or whether it becomes invalid in full.
The text is updated
