Request for a preliminary ruling from the Curtea de Apel Cluj (Romania) lodged on 14 September 2021 — AA v Banca S

(Case C-566/21)

(2022/C 2/25)

Language of the case: Romanian

Referring court

Curtea de Apel Cluj

Parties to the main proceedings

Appellant and defendant at first instance: S

Respondent and applicant at first instance: AA

Question referred

Does Article 6(1) of Directive 93/13/EEC on unfair terms in consumer contracts, (1) as interpreted in the case-law of the Court of Justice, allow a term to be altered in such a way that the purely potestative right of the seller or supplier to convert the currency of the credit agreement in fact constitutes an obligation on the seller or supplier if that alteration is entirely to the benefit of the consumer and the mere removal of the unfair term from the agreement is of no benefit to him or her?

(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).