Aziz v Caixa d Estalvis de Catalunya

Standard

2013. this is consumer protection

Unfair Terms in Consumer Contracts FDirective

inequalty of bargaining powerr

imbalance of information

Aziz lived in Spain. he took out a mortgage with interest oof 17%.

the bank called in the loan when he failed to repay. they eerre entitled to seize anything

the  bank sought to sezie his house. Aziz wanted a Spanish court to stop this. it could not grant interim relief

the ECJ said it starttred from the positiokn that the consuemr is feeble compared the the company

a court must take into account it is more difficult for a consumer to assert rights since he has less money than a company and less experience in this area

 

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About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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