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2016 Harmonius: J. Legal & Soc. Stud. Se. Eur. 184 (2016)
Croatian Case Franak: Effective or Defective Protection of Consumer Rights

handle is hein.journals/harmonius2016 and id is 186 raw text is: UDK 336.717.061(497.5) ; 346.548(497.5) ; 366.2(497.5) Emilia Mideni6, Dr. lur., LL.M.* CROATIAN CASE FRANAK: EFFECTIVE OR DEFECTIVE PROTECTION OF CONSUMER RIGHTS?** By using the example of the famous Croatian case Franak' the first collective redress proceeding in the Croatian court practice of protection of consumer rights, the author presents the struggles of Croatian courts when it comes to EU consistent interpretation and proper application of harmonized Croatian consumer protection law. In this case, concerning the use of unfair contract terms in consumer credit agreements, a whole variety of issues arose, such as determination of collective interest, dis- tinction between national and harmonized notions of credit contract, determination of essential elements of consumer credit contracts and of legal consequences of unfairness etc. Whether some of these issues can be attributed to the EU consumer protection acquis itself remains to be analysed. Key words: Credit Agreements. - Swiss Franc. - Unfair Contract Terms. - Collective Redress Proceedings. - Principle of Effectiven- ess. 1. INTRODUCTION During the mid 90s and early 2000s, as in many Member States of the European Union or South East European countries, in Croatia also started a trend of concluding credit contracts denominated in a foreign currency that has continued until today.1 This way of contract- The author is assistant professor at the Chair of European and Private Interna- tional Law, Faculty of Law, University of Rijeka, Croatia, emiscenic@pravri.hr. The paper was presented by the author at the Max Planck Institute for Compa- rative and International Private Law in Hamburg on 1 June 2016 as part of the lectures on South East Europe (and Beyond): Let's Talk About Law!. 1 See the Report of the Croatian National Bank demonstrating the percenta- ge of CHF credits within all credits during 2012 in Hungary (28,9 %), Po- 184

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