Banco Espanol de Credito SA v Camino


this is a 2012 case

consumer protection under Unfair Terms Directive

Calderon Camino borrowd money to buy a car. there was a rate to pay back 9%. bit it was 29% for late payments

ther 29% rate was held to be unfair since it was so far above normal

the ECJ saiid that the court in Barcelon had the right and duty to examine the rate. Howerr, it could not change the rate. it could sever the rate and leave the rest of the contract intact

the court will not rewrite contracts as the advocae general said. it will declare terms to be fair or unfair




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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