The renunciation of nullity action. Effectiveness of the transaction against possible abusive clauses.

Abstract

On january, 30, 2020, the Advocate General Saugmandsgaard Øe published his Conclusions regarding the reference for a preliminary ruling issued by the Court of First Instance num. 3 of Teruel, about whether it is possible to negotiate on a clause that can be abusie, and give up invoking its abuse. Article 6.1 of the Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts requires that these clause are not binding on the consumer. However, and in the absence of express prohibition in the Directive, the transactional agreement, admitted by the STS of April 11, 2018, the Communication of the European Commission of september 27, 2019, and Conclusions of Advocate General, allow the consumer the transactional agreement to avoid prosecuting a possible cause of abuse.