The European Court of Justice (ECJ) has issued a ruling stating that a court can classify a contract term as unfair if it is identical to a term already included in the register of unfair clauses. This decision emphasizes that a contract term cannot be considered unfair for some consumers while being deemed fair for others.

Additionally, the ruling highlights that banks are obligated to inform all borrowers about the essential features and risks associated with a contract, regardless of the consumer's knowledge in the field. This requirement applies even if a consumer has expertise in finance.

The case, referred to the ECJ under case number C-139/22, originated from a Warsaw court dealing with a request for the return of improperly collected mortgage payments indexed to the Swiss franc (CHF). The court sought clarification on whether EU law allows for the determination of an unfair contractual term based on its prior inclusion in the register of unfair clauses. The ECJ confirmed this possibility, which may expedite ongoing court proceedings.

The ruling also addressed the maintenance of unfair contractual provisions, such as currency conversion clauses in foreign currency mortgage agreements. The court clarified that an unfair contract term cannot be upheld simply because a consumer can fulfill the contract under other non-abusive terms.

Furthermore, the ECJ reaffirmed that the obligation to provide clear and comprehensible information about risks and contract features applies to all consumers, regardless of their level of knowledge, including bank employees. This ensures that no consumer is treated differently based on their understanding of the contract.