Alcance del control judicial del carácter abusivo de las condiciones generales de los contratos de seguro

Resumo

Along the Judgment of the Court of justice 23 April 2015, Case C-96/14: Jean-Claude Van Hove v. CNP Assurances SA the ECJ construed the possible exception to judicial control over the potential unfairness of a clause within a life insurance contract linked to two separate bank loans under a strict application of art. 4.2 of Directive 93/13. Accordingly, for a clause in an insurance contract to be excluded from judicial control over its abusiveness, two conditions must be met: Essentiality, in the sense that the disputed clause regulated an essential element both of the insurance contract itself as well as of the set of financial contracts in which such insurance is inserted; and substantial transparency, in the sense that the examined clause were drafted in such a way to enable consumers/insureds the assessment of economic consequences for their interests.