The Court of Justice of the European Union (CJEU) has ruled on a question referred to it for a preliminary ruling on the interpretation of European Directive 93/13 on unfair terms in consumer contracts (Articles 6.1 and 7.1).
The limitation period for an action for restitution of costs which the consumer has paid, when concluding a contract with a professional, by virtue of a term the unfairness of which has been declared by a final judicial decision given after the payment of those costs, cannot begin until the consumer has or could reasonably have become aware of the unfairness of that term.
Therefore, the Court notes that it cannot start:
- At the time of payment, as this would make it excessively difficult to exercise the rights conferred on consumers by the Directive.
- On the date on which the national supreme court delivered an earlier judgment, in another case, declaring a standard term corresponding to that term in that contract to be unfair.
In the latter case, it cannot be presumed that the consumer could reasonably be aware that a term contained in his contract has a scope equivalent to that of a standard term which has been declared unfair by the national supreme court.
And this consumer, whom the Directive intends to protect, given his inferior position in relation to the professional, cannot be expected to carry out activities that are part of a legal investigation.
If it can start on the date on which the decision declaring a contractual term unfair and annulling it becomes final, since the consumer has the possibility to know his rights before this period starts to run or expires.
