JURISPRUDENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON THE PROTECTION OF THE CONSUMER'S FAMILY HOME
JURISPRUDENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON THE PROTECTION OF THE CONSUMER'S FAMILY HOME

Summary/Abstract: The CJEU underlines the need to pay special attention/give a certain protection to situations involving the foreclosure of the property subject to the mortgage encumbering the loan agreement, when the property is the consumer's family home. Thus, under European Union law, the right to housing is a fundamental right guaranteed by Article 7 of the EU Charter of Fundamental Rights, which must be taken into account by national courts in the application of Directive 93/13. The Court also emphasizes that the loss of the family home is not only likely to seriously affect the rights of consumers, but also puts the consumer's family in a particularly fragile situation. That is why it is important for the competent national court to have it at its disposal interim measures, allowing the court to suspend or prevent an illegal foreclosure procedure on the consumer's family home, when the ordering of such measures proves necessary in order to guarantee the effective protection pursued by Directive 93/13.

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