It should not be possible to invoke the fact that the enrichment resulting from the void, voidable or unenforceable legal act is no longer available in the property of the party which benefited from that legal act (lapse of enrichment) where that party was aware of the circumstances on which the avoidance action is based. However, as this Directive lays down minimum rules on avoidance actions, Member States can decide not to allow the party that benefited from the legal act to invoke the lapse of enrichment defence even where that party was not aware of the circumstances on which the avoidance action is based.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
