Judgment_paragraph 13 · L v Unicaja Banco SA (C-869/19)

13By judgment of 13 January 2017, the appeal court allowed the appeal, setting aside the first-instance judgment in so far as it had ordered the bank to pay the costs. The referring court states that the appeal court did not vary the operative part of the first-instance judgment in so far as it relates to the restitutory effects of the declaration that the aforementioned clause was void, since those effects were not the subject of the appeal. The referring court adds that, in order to set aside the first-instance judgment in part, the appeal court did not rely on the judgment of 21 December 2016, Gutiérrez Naranjo and Others (C‑154/15, C‑307/15 and C‑308/15, EU:C:2016:980), by which the Court ruled that Article 6(1) of Directive 93/13 precludes national case-law, such as that resulting from the judgment of 9 May 2013, which temporally limits the restitutory effects, connected with a finding of unfairness by a court in respect of a clause contained in a contract concluded between a consumer and a seller or supplier, to amounts overpaid by that consumer after the delivery of the decision in which the finding of the unfairness of that clause is made.

L v Unicaja Banco SA (C-869/19)

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