Case C-472/10

Nemzeti Fogyasztóvédelmi Hatóság

v

Invitel Távközlési Zrt

(Reference for a preliminary ruling

from the Pest Megyei Bíróság)

‛Directive 93/13/EEC — Article 3(1) and (3) — Articles 6 and 7 — Consumer contracts — Unfair terms — Unilateral amendment of the terms of a contract by a seller or supplier — Action for an injunction brought in the public interest and on behalf of consumers by a body appointed by national legislation — Declaration of the unfair nature of a term — Legal effects’

Summary of the Judgment

1. Approximation of laws — Unfair terms in consumer contracts — Directive 93/13 — Unfair term within the meaning of Article 3 — Meaning

   (Council Directive 93/13, Art. 3(1) and (3))

2. Approximation of laws — Unfair terms in consumer contracts — Directive 93/13 — Means intended to prevent the continued use of unfair terms

   (Council Directive 93/13, Arts 6(1) and 7(1) and (2))

1.  It is for a national court, ruling on an action for an injunction, brought in the public interest and on behalf of consumers by a body appointed by national law, to assess, with regard to Article 3(1) and (3) of Directive 93/13 on unfair terms in consumer contracts, the unfair nature of a term included in the general business conditions of consumer contracts by which a seller or supplier provides for a unilateral amendment of fees connected with the service to be provided, without however setting out clearly the method of fixing those fees or specifying a valid reason for that amendment. In making this assessment, the national court must determine, in particular, whether, in light of all the terms appearing in the general business conditions of consumer contracts which include the contested term, and in the light of the national legislation setting out the rights and obligations that could supplement those provided by the general business conditions at issue, the reasons for, or the method of, the amendment of the fees connected with the service to be provided are set out in plain, intelligible language and, as the case may be, whether consumers have a right to terminate the contract.

   (see para. 31, operative part 1)

2.  Article 6(1) of Directive 93/13 on unfair terms in consumer contracts, read in conjunction with Article 7(1) and (2) thereof, does not preclude the declaration of invalidity of an unfair term included in the general business conditions of consumer contracts in an action for an injunction, provided for in Article 7 of that directive, brought against a seller or supplier in the public interest and on behalf of consumers by a body appointed by national legislation from producing, in accordance with that legislation, effects with regard to all consumers who concluded with the seller or supplier concerned a contract to which the same general business conditions apply, including with regard to those consumers who were not party to the injunction proceedings.

   Moreover, where the unfair nature of a term in the general business conditions has been acknowledged in such proceedings, national courts are required, of their own motion, and also with regard to the future, to take such action thereon as is provided for by national law in order to ensure that consumers who have concluded a contract with the seller or supplier to which those general business conditions apply are not bound by that term.

   (see para. 44, operative part 2)

Case C-472/10

Nemzeti Fogyasztóvédelmi Hatóság

v

Invitel Távközlési Zrt

(Reference for a preliminary ruling

from the Pest Megyei Bíróság)

‛Directive 93/13/EEC — Article 3(1) and (3) — Articles 6 and 7 — Consumer contracts — Unfair terms — Unilateral amendment of the terms of a contract by a seller or supplier — Action for an injunction brought in the public interest and on behalf of consumers by a body appointed by national legislation — Declaration of the unfair nature of a term — Legal effects’

Summary of the Judgment

1. Approximation of laws — Unfair terms in consumer contracts — Directive 93/13 — Unfair term within the meaning of Article 3 — Meaning

   (Council Directive 93/13, Art. 3(1) and (3))

2. Approximation of laws — Unfair terms in consumer contracts — Directive 93/13 — Means intended to prevent the continued use of unfair terms

   (Council Directive 93/13, Arts 6(1) and 7(1) and (2))

1.  It is for a national court, ruling on an action for an injunction, brought in the public interest and on behalf of consumers by a body appointed by national law, to assess, with regard to Article 3(1) and (3) of Directive 93/13 on unfair terms in consumer contracts, the unfair nature of a term included in the general business conditions of consumer contracts by which a seller or supplier provides for a unilateral amendment of fees connected with the service to be provided, without however setting out clearly the method of fixing those fees or specifying a valid reason for that amendment. In making this assessment, the national court must determine, in particular, whether, in light of all the terms appearing in the general business conditions of consumer contracts which include the contested term, and in the light of the national legislation setting out the rights and obligations that could supplement those provided by the general business conditions at issue, the reasons for, or the method of, the amendment of the fees connected with the service to be provided are set out in plain, intelligible language and, as the case may be, whether consumers have a right to terminate the contract.

   (see para. 31, operative part 1)

2.  Article 6(1) of Directive 93/13 on unfair terms in consumer contracts, read in conjunction with Article 7(1) and (2) thereof, does not preclude the declaration of invalidity of an unfair term included in the general business conditions of consumer contracts in an action for an injunction, provided for in Article 7 of that directive, brought against a seller or supplier in the public interest and on behalf of consumers by a body appointed by national legislation from producing, in accordance with that legislation, effects with regard to all consumers who concluded with the seller or supplier concerned a contract to which the same general business conditions apply, including with regard to those consumers who were not party to the injunction proceedings.

   Moreover, where the unfair nature of a term in the general business conditions has been acknowledged in such proceedings, national courts are required, of their own motion, and also with regard to the future, to take such action thereon as is provided for by national law in order to ensure that consumers who have concluded a contract with the seller or supplier to which those general business conditions apply are not bound by that term.

   (see para. 44, operative part 2)