Prescrizione, asimmetria delle restituzioni nei mutui indicizzati e principio di effettività nel diritto privato europeo*

The contribution provides commentary on the judgment of the Court of Justice of December 14, 2023 (C-28/22), which revisits the issue of mortgage loans declared entirely null and void due to the inclusion of a foreign currency indexation clause. e. The decision addresses the problem of determining the starting point for the limitation period applicable to restitution claims arising from such nullity. Specifically, the Court identifies two distinct aspects of Polish law as incompatible with Article 6 of Directive 93/13. On the one hand, it criticizes an interpretation that allows the limitation period for the professional’s claims to start from the date on which the contract becomes definitively unenforceable, while for the consumer, the period begins only from the moment they became aware, or reasonably should have become aware, of the abusive nature of the clause leading to the nullity.