Judgment_paragraph 51 · MA v Ibercaja Banco, SA (C-600/19)

51On the other hand, it must be found that that protection would be ensured if, in the situation referred to in paragraphs 49 and 50 above, the national court expressly stated, in its decision authorising the mortgage enforcement, that it had carried out an examination of its own motion as to whether the terms of the instrument giving rise to the mortgage enforcement proceedings were unfair, that that examination, with at least summary reasons, had not revealed the existence of any unfair terms and that, in the absence of an objection within the period laid down by national law, the consumer would be time barred from asserting the possible unfairness of those terms.

MA v Ibercaja Banco, SA (C-600/19)

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