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Document 62017CA0118
Case C-118/17: Judgment of the Court (Third Chamber) of 14 March 2019 (request for a preliminary ruling from the Budai Központi Kerületi Bíróság — Hungary) — Zsuzsanna Dunai v ERSTE Bank Hungary Zrt (Reference for a preliminary ruling — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 1(2) — Article 6(1) — Loan contract denominated in a foreign currency — Exchange difference — Substitution of a legislative provision for an unfair term declared void — Exchange rate risk — Continued existence of the contract after the unfair term has been deleted — National system for a uniform interpretation of law)
Case C-118/17: Judgment of the Court (Third Chamber) of 14 March 2019 (request for a preliminary ruling from the Budai Központi Kerületi Bíróság — Hungary) — Zsuzsanna Dunai v ERSTE Bank Hungary Zrt (Reference for a preliminary ruling — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 1(2) — Article 6(1) — Loan contract denominated in a foreign currency — Exchange difference — Substitution of a legislative provision for an unfair term declared void — Exchange rate risk — Continued existence of the contract after the unfair term has been deleted — National system for a uniform interpretation of law)
Case C-118/17: Judgment of the Court (Third Chamber) of 14 March 2019 (request for a preliminary ruling from the Budai Központi Kerületi Bíróság — Hungary) — Zsuzsanna Dunai v ERSTE Bank Hungary Zrt (Reference for a preliminary ruling — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 1(2) — Article 6(1) — Loan contract denominated in a foreign currency — Exchange difference — Substitution of a legislative provision for an unfair term declared void — Exchange rate risk — Continued existence of the contract after the unfair term has been deleted — National system for a uniform interpretation of law)
OJ C 155, 6.5.2019, p. 2–3
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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6.5.2019 |
EN |
Official Journal of the European Union |
C 155/2 |
Judgment of the Court (Third Chamber) of 14 March 2019 (request for a preliminary ruling from the Budai Központi Kerületi Bíróság — Hungary) — Zsuzsanna Dunai v ERSTE Bank Hungary Zrt
(Case C-118/17) (1)
(Reference for a preliminary ruling - Consumer protection - Unfair terms in consumer contracts - Directive 93/13/EEC - Article 1(2) - Article 6(1) - Loan contract denominated in a foreign currency - Exchange difference - Substitution of a legislative provision for an unfair term declared void - Exchange rate risk - Continued existence of the contract after the unfair term has been deleted - National system for a uniform interpretation of law)
(2019/C 155/02)
Language of the case: Hungarian
Referring court
Budai Központi Kerületi Bíróság
Parties to the main proceedings
Applicant: Zsuzsanna Dunai
Defendant: ERSTE Bank Hungary Zrt
Operative part of the judgment
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1. |
Article 6(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that:
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2. |
Directive 93/13, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, does not preclude a supreme court of a Member State from adopting, in the interest of ensuring uniform interpretation of the law, binding decisions concerning the modalities for implementing that directive, in so far as those decisions do not prevent the competent court from ensuring the full effect of the norms laid down in that directive and from offering consumers an effective remedy for the protection of the rights that they can derive therefrom, or from referring a question for a preliminary ruling to the Court in that regard, which it is for the referring court to determine. |