Judgment of the Court (Seventh Chamber) of 10 June 2021 (request for a preliminary ruling from the Krajský súd v Prešove — Slovakia) — Prima banka Slovensko a.s. v HD

(Case C-192/20) (1)

(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Scope - Article 1(2) - Mandatory national legislative provisions - Early termination of the loan agreement - Accumulation of loan interest and default interest)

(2021/C 297/12)

Language of the case: Slovak

Referring court

Krajský súd v Prešove

Parties to the main proceedings

Appellant: Prima banka Slovensko a.s.

Respondent: HD

Operative part of the judgment

Subject to the verifications to be made by the referring court, Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as not being applicable to national provisions under which a consumer who has concluded a loan agreement with a seller or supplier cannot be required, on the basis of the terms of that agreement, in the event of early termination of the term of the loan, to pay to the seller or supplier ordinary interest for the period from the time at which that loan was declared immediately due and payable until the capital borrowed has actually been repaid, since the payment of default interest and of the other contractual penalties due under the terms of that agreement provides compensation for the actual harm suffered by the seller or supplier.

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(1)  OJ C 329, 5.10.2020.