Case C-452/18: Judgment of the Court (Fourth Chamber) of 9 July 2020 (request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 3 de Teruel — Spain) — XZ v Ibercaja Ba...

C 287/2 EN Official Journal of the European Union 31.8.2020 V (Announcements) COURT PROCEEDINGS COURT OF JUSTICE Judgment of the Court (Fourth Chamber) of 9 July 2020 (request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 3 de Teruel — Spain) — XZ v Ibercaja Banco SA (Case C-452/18) (1) (Reference for a preliminary ruling — Consumer Protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Mortgage loan agreement — Term limiting the variability of the interest rate (‘floor’ term) — Novation agreement — Waiver of the right to bring an action contesting the terms of a contract — Non-binding) (2020/C 287/02) Language of the case: Spanish Referring court Juzgado de Primera Instancia e Instrucción No 3 de Teruel Parties to the main proceedings Applicant: XZ Defendant: Ibercaja Banco SA Operative part of the judgment 1. Article 6(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as not precluding a term in a contract concluded between a seller or supplier and a consumer, which might be found by a court to be unfair, from being the subject of a novation agreement between that seller or supplier and that consumer, whereby the consumer waives the effects that would result from that term being found to be unfair, provided that that waiver is the result of the consumer’s free and informed consent, which it is for the national court to verify; 2. Article 3(2)...