Three-member Court of Appeals of Thessaloniki 1180/2020
Unfairness. Criteria. Unfair terms per se. Principle of transparency. Invalidity of non-transparent clause. Contractual clauses of the main object of the contract are not tested for unfairness. Statutory/regulatory provisions of mandatory law. Unfairness test. Invalidity of the application of Directive 93/13/EC. Instead, unfairness test of the clause acting as referral to a statutory/regulatory provision. Essentialia negotii of a legal transaction subject to a limited unfairness test. Credit institutions. Principle of free determination of interest rates. Borrower Information. Interest rate adjustment by the Bank in case the agreed interest rate index changes. Declaratory clause not subject to unfairness test. Deadline for acceptance of a term or termination of the contract