Revolving Credit: Direct Unfairness Due to Lack of Transparency? A New Conception of the Transparency Standard?

Abstract

The two rulings issued by the Supreme Court (TS) regarding revolving credit may represent a further step toward directly establishing unfair terms due to a lack of transparency. Following these rulings, a different interpretation of the concept of transparency has been proposed, one that could align more closely with the purpose of Directive 93/13 on unfair terms. In this regard, particular consideration will be given to the case law of the Court of Justice of the European Union (CJEU) and the relationship between two fundamental provisions of Directive 93/13: Article 4.2 and Article 5.