The need to start discussing the issue of unfair clauses for the protection of borrowers, raised on Tuesday by Stavros Papadouris, Member of Parliament of the Ecologist-Civic Coalition Movement, who registered an ex officio issue on unfair clauses in the Parliamentary Committee on Energy, Trade, Industry and Tourism.
In statements after the committee meeting, Papadouris said he had registered an own-initiative item on unfair terms, "as an outgrowth" of a recent EU Court of Justice ruling on unfair terms.
He said it is "a big chapter, long-standing in Cyprus" and expressed hope that it will be discussed immediately.
"We felt that with this decision, a chapter of discussion should be opened to finally see how the state protects consumers (borrowers), on the issue of unfair clauses," he added.
He referred to a recent decision dated May 17, 2022, which, he said, "is clear in what it recommends, of its own motion, to district court judges."
He expressed the hope that, both the Supreme Court and the Attorney General's Office will move forward with instructions to district judges, where they identify issues of unfair clauses, on their own motion, to proceed to review contracts, and base their decisions on that review, which, logically, they will have done.
In response to a question about what is meant by an ex officio investigation by judges, Mr. Papadouris, that if, for example, the two parties do not plead that there is an issue of abusive clauses, the Court's decision clearly states that throughout the process of hearing the case, if the district judge identifies that there is an issue of abuse, then he must raise it and take it into account in the decision that he renders, completely ex officio without even being asked.
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Source: CNA
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