Statute of Limitations for Restitution Claims after a Term is Declared Unfair. Some Remarks on the CJEU Judgment of 8th of September 2022 (Joined Cases C-80/21 to C-82/21)
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Maciej Gutowski
Abstract
The article refers to the problem of Statute of limitations for restitution claims after a term is declared unfair in light of the ECJ judgment of 8th of September 2022 (Joined Cases C-80/21 to C-82/21). In light of the ECJ judgment one may not argue that if there was a sanction that would deprive a consumer effective claim for restitution because of excessive effect of statute of limitation, such mechanism would be contrary to the aim of protection under Directive 93/13. The regulation contained in Directive 93/13 should not allow for 10‑year limitation period for a consumer’s action for the restitution of the payments made under 30-years lasting bank loan contract if the limitation period passed before the consumers claim has been payable. The ECJ judgment might be perceived as somewhat superfluous, because such an effect would also be difficult to accept that in the light of the principles of the civil law – certainly Polish law, which should give a ground for the assumption provided in the question submitted by the referring court. However, the ECJ ruling itself does not seem to be controversial.
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Articles in the same Issue
- Frontmatter
- Articles
- The Commencement of Prescription (and what the Consumer’s Awareness of the Unfairness is) within the Unfair Contract Terms Directive
- Arbitrability of Data Protection Disputes: Personal Data, Personalized Justice?
- EU Case Law
- Statute of Limitations for Restitution Claims after a Term is Declared Unfair. Some Remarks on the CJEU Judgment of 8th of September 2022 (Joined Cases C-80/21 to C-82/21)
- EU Contract Case Law, April–June 2023
- Book Reviews
- David Campbell: Contractual Relations: A Contribution to the Critique of the Classical Law of Contract
- Torsten Kraul: Das neue Recht der digitalen Dienste – Digital Services Act
Articles in the same Issue
- Frontmatter
- Articles
- The Commencement of Prescription (and what the Consumer’s Awareness of the Unfairness is) within the Unfair Contract Terms Directive
- Arbitrability of Data Protection Disputes: Personal Data, Personalized Justice?
- EU Case Law
- Statute of Limitations for Restitution Claims after a Term is Declared Unfair. Some Remarks on the CJEU Judgment of 8th of September 2022 (Joined Cases C-80/21 to C-82/21)
- EU Contract Case Law, April–June 2023
- Book Reviews
- David Campbell: Contractual Relations: A Contribution to the Critique of the Classical Law of Contract
- Torsten Kraul: Das neue Recht der digitalen Dienste – Digital Services Act
