Dialogos

CJEU: Limitation Period Does Not Begin When Consumer Is Unaware of Abusive Clause in Foreign Currency Loan

Published March 19, 2026, 20:03
CJEU: Limitation Period Does Not Begin When Consumer Is Unaware of Abusive Clause in Foreign Currency Loan

The Court of Justice of the European Union (CJEU) has issued an important decision regarding the rights of consumers in loans with foreign currency clauses, clarifying that the limitation period does not begin when the consumer was unaware – or could not be aware – of the abusive nature of the clause. The case concerned a borrower in Hungary who had taken out a loan in Swiss francs, which was terminated by the bank due to payment defaults. The CJEU emphasized that EU law does not allow the limitation period to begin from the conclusion of the contract if the consumer was not aware of the abusive nature of the clause. Such an interpretation would make it excessively difficult to exercise the consumer's rights, especially in long-term contracts such as mortgage loans. The Court also rejected the idea that the limitation period can be linked to the publication of decisions by higher national courts, as the average consumer cannot be required to monitor case law to determine whether a clause is abusive. The decision substantially strengthens the position of borrowers, facilitating the claim for refunds from abusive clauses, even after a long period of time. Member States are called upon to ensure that the rules on limitation do not restrict in practice the protection provided by Union law to consumers, especially in complex financial products such as loans in foreign currency.