CLAUZELE ABUZIVE PRIVIND DOBÂNDA VARIABILĂ ÎN CAZUL PUBLICĂRII INDICELUI DE REFERINȚĂ PRINTR‑UN ACT ADMINISTRATIV
UNFAIR TERMS REGARDING THE VARIABLE INTEREST RATE IN THE EVENT OF PUBLICATION OF THE REFERENCE INDEX BY AN ADMINISTRATIVE ACT

Summary/Abstract: The article addresses the invalidation of the unfair terms regarding the variable interest rates from credit agreements, in the hypotheses of the publication of the reference index by an administrative act, while valorizing the transparency requirements in the pre-contractual relationships that are incumbent on the professional creditor. Emphasizing the arguments contoured in the recitals of the CJEU decision of December 12th, 2024 in case C-300/23, Kutxabank, we concluded that the failure to communicate to the debtor the information relating to the adjustment of the interest rate by reference to a negative margin opens the door to the elimination of unfair terms, despite the fact that the term at issue refers to an official benchmark, the details of which were published in an administrative act.

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