NB v Kutxabank SA (C-300/23)

Judgment of 12 Dec 2024

law://eu/cjeu/2023/c-300-23/para_79@2026-11-14

79As regards, in particular, a contractual term providing, under a mortgage loan agreement, for that loan to be remunerated by interest calculated on the basis of a variable rate established, as in the case in the main proceedings, by reference to an official index, the transparency requirement must be understood as requiring, in particular, that an average consumer, who is reasonably well-informed and reasonably observant and circumspect, is in a position to understand the specific functioning of the method used for calculating that rate and thus evaluate, on the basis of clear, intelligible criteria, the potentially significant economic consequences of such a term on his or her financial obligations (judgment of 13 July 2023, Banco Santander (Reference to an official index), C‑265/22, EU:C:2023:578, paragraph 55 and the case-law cited).

NB v Kutxabank SA (C-300/23)

Key facts

History · 1 version

Connections