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Document 62017CN0259
Case C-259/17: Request for a preliminary ruling from the Budai Központi Kerületi Bíróság (Hungary) lodged on 16 May 2017 — Zoltán Rózsavölgyi and Zoltánné Rózsavölgyi v Unicredit Leasing Hungary Zrt. and Unicredit Leasing Immo Truck Zrt.
Case C-259/17: Request for a preliminary ruling from the Budai Központi Kerületi Bíróság (Hungary) lodged on 16 May 2017 — Zoltán Rózsavölgyi and Zoltánné Rózsavölgyi v Unicredit Leasing Hungary Zrt. and Unicredit Leasing Immo Truck Zrt.
Case C-259/17: Request for a preliminary ruling from the Budai Központi Kerületi Bíróság (Hungary) lodged on 16 May 2017 — Zoltán Rózsavölgyi and Zoltánné Rózsavölgyi v Unicredit Leasing Hungary Zrt. and Unicredit Leasing Immo Truck Zrt.
OJ C 256, 7.8.2017, p. 8–11
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
7.8.2017 |
EN |
Official Journal of the European Union |
C 256/8 |
Request for a preliminary ruling from the Budai Központi Kerületi Bíróság (Hungary) lodged on 16 May 2017 — Zoltán Rózsavölgyi and Zoltánné Rózsavölgyi v Unicredit Leasing Hungary Zrt. and Unicredit Leasing Immo Truck Zrt.
(Case C-259/17)
(2017/C 256/07)
Language of the case: Hungarian
Referring court
Budai Központi Kerületi Bíróság
Parties to the main proceedings
Applicants: Zoltán Rózsavölgyi and Zoltánné Rózsavölgyi
Defendants: Unicredit Leasing Hungary Zrt. and Unicredit Leasing Immo Truck Zrt.
Questions referred
1. |
Given, in particular, that when the definition of the main subject matter of a contract is found to be unfair, the contract is consequently invalid in its entirety (and not merely in part), may a declaration that the term defining the main subject-matter of a loan agreement is invalid because of its unfairness (meaning that the consumer cannot be bound by that term) have as a consequence (for example, through the application of a court decision, a particular legal consequence laid down by a provision of national law, a regulatory provision or a decision harmonising the law) that the legal characterisation of the contract, or its effects, changes such that, in particular, a foreign currency based loan agreement (in which the credit provided for in the loan agreement is determined and denominated in a foreign currency (‘the credit currency’) and the obligation to pay that credit is fulfilled in the national currency (‘the payment currency’)), must be regarded as a loan agreement denominated in Hungarian forints?
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2. |
Are the legal consequences entailed by the unfairness [of a term] a purely legal question, of an absolute nature, or may regard be had, in the assessment of those consequences, to
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3. |
For the purposes of Article 3(1), Article 4(2), Article 5 and Article 6(1) of Directive 93/13/EEC (1) (that is to say, for the purposes of assessing the unfairness and its legal effects), may the term imposing the currency risk on the consumer (that is to say the provision(s) of the contract governing the allocation of the risk) be composed of various terms? |
4. |
May Article 6(1) of Directive 93/13/EEC (according to which the unfair terms used in a contract concluded with a consumer by a seller or supplier are not binding on the consumer) be interpreted as meaning that a term (not a specific part of that term, but the term taken as a whole) may be either unfair in its entirety or both partly fair and partly unfair, with the result that it remains applicable in part and (for example, depending on the assessment of the court in a specific case) may be binding on the consumer to a certain extent (that is to say, that, as regards its effects, the term is unfair only to a certain extent in both cases), for example, through the application of a court decision, a particular legal consequence laid down by a provision of national law, a regulatory provision or a decision harmonising the law?
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5. |
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6. |
For the purposes of assessing the unfairness of a contractual term which allocates the currency risk to the consumer (a term used as a standard contractual term by the seller or supplier and which was not individually negotiated) and which was drafted in fulfilment of a legal obligation to provide information, necessarily of general application, how should the burden of proof be allocated between the consumer and the seller or supplier in order to assess whether the consumer actually had the opportunity, before the conclusion of the loan agreement, to become acquainted with the term in question to which he was irrevocably bound (Article 3(3) of Directive 93/13/EEC and point 1(i) of the annex)? |
7. |
Must it be considered that, in foreign currency based loan agreements — that is to say, for the purposes of transactions in relation to services whose price is linked to fluctuations in an exchange rate on the monetary markets — credit institutions which conclude agreements with a consumer using their own foreign currency exchange rates are sellers or suppliers who do not control the price fluctuations within the meaning of point 2(c) of the annex to Directive 93/13/EEC? |
(1) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993, L 95, p. 29).