Judgment_paragraph 99 · CY and Others v Caixabank SA and Banco Bilbao Vizcaya Argentaria SA (C-224/19, C-259/19)

99In the light of all the foregoing considerations, the answer to the twelfth question in Case C‑224/19 is that Articles 6(1) and 7(1) of Directive 93/13 and the principle of effectiveness must be interpreted as precluding a system whereby the consumer may be made to bear part of the costs of proceedings depending on the level of the unduly paid sums which are refunded to him following a finding that a contractual term is void for being unfair, given that such a system creates a substantial obstacle that is likely to discourage consumers from exercising the right to an effective judicial review of the potential unfairness of contractual terms such as that conferred by Directive 93/13.