Case number C-618/10 Nationality of parties Spanish End date June 14, 2012 | ECLI ECLI:EU:C:2012:349 Location Europe People also search for Brusse v Jahani BV | |
Full case name Banco Español de Crédito SA v Joaquín Calderón Camino, | ||
Banco Español de Crédito SA v Camino (2012) Case C-618/10 is a case relevant for European contract law concerning the scope of consumer protection in the Unfair Terms Directive under EU law.
Contents
Facts
Calderon Camino borrowed €30,000 from Banesto to buy a car at 7.95% interest, and APR 8.89%, and 29% on late payments. Banesto claimed €29,381.95 for unpaid monthly repayments, interest and costs.
First instance held the 29% rate to be automatically unfair, given it was 20% above the nominal, fixing the rate instead at 19%. Banesto complained that the consumer had not asked for this, and said national law prevented a court assessing a term for unfairness on its own motion. The Barcelona Provincial Court referred the question to the ECJ.
Judgment
The European Court of Justice's First Chamber held that the court had the right and the duty to assess the fairness of a clause. However, it could not substitute an interest rate: it had to find the interest rate void, while leaving the rest of the contract intact.