Unfair terms. Effects of the decision ruled by CJEU in the Case C-186/16, Ruxandra Paula Andriciuc et al. v. Banca Româneacă SA

DREPTUL AFACERILOR

Abstract

Considering the recital 13 of Directive 93/13, the decision ruled on by CJEU in the case C-186/16 in Andriciuc case, as well as the provisions of art. 3 paragraph (2) of Law no. 193/2000, the Court, finding that the appealed contractual provisions – the exchange rate risk clause – reflect the transposition of a mandatory legal provision in the agreement, considers that the respective clauses are excluded from the scope of the protection rules, with the result that the abusive nature thereof cannot be examined on the merits.