CJEU Case Law on Unfair Contract Terms and Consumer Protection in Residential Mortgage Credit: A Comparative Perspective within the European Union

Abstract

This article provides a systematic and comparative analysis of the case law of the Court of Justice of the European Union concerning unfair contract terms in residential mortgage credit and its impact on the configuration of consumer protection as a structural principle of EU private law. The study examines how, through an evolutionary interpretation of Directive 93/13/EEC, the Court has constructed a coherent set of substantive and procedural standards—particularly regarding transparency, ex officio judicial review, and the effectiveness of remedies—that operate as material limits on contractual autonomy.

On this basis, the article analyses the reception of these standards in Spain, Italy, Germany, France, and Poland, identifying patterns of functional convergence alongside persistent divergences in procedural design and remedial techniques. It also examines the interaction between this jurisprudential framework and Directive (EU) 2021/2167 on credit servicers and credit purchasers, highlighting the tensions between market integration, financial stability, and consumer protection. The article argues that this field reflects a model of harmonisation without full codification, in which judicial governance plays a central role.