Order of the Court (Seventh Chamber) of 10 June 2021 – X Bank

(Case C‑198/20) ( 1 )

(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Directive 93/13/EEC – Article 2(b) – Concept of ‘consumer’ – Mortgage loan drawn up in a foreign currency – Articles 3 and 4 – Assessment of the unfairness of a contractual term)

1.	Consumer protection – Unfair terms in consumer contracts – Directive 93/13 – Concept of consumer – Limitation to an average consumer who is reasonably well informed and reasonably observant and circumspect – None (Council Directive 93/13, Art. 2(b)) (see paras 24, 25, 27, 33, operative part)

2.	Approximation of laws – Unfair terms in consumer contracts – Directive 93/13 – Obligation for the national court to examine of its own motion whether a term in a contract submitted to it for assessment is unfair – Scope (Council Directive 93/13, Arts 3 and 4) (see paras 28-30)

Consumer protection – Unfair terms in consumer contracts – Directive 93/13 – Scope – Terms defining the main subject matter of the contract or concerning the price or the remuneration and the services or goods supplied as consideration – Not included – Conditions – Obligation to satisfy the requirements of intelligibility and transparency – Scope

(Council Directive 93/13, Art. 4(2))

(see paras 31, 32)

Operative part

All consumers enjoy the protection laid down by Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, not only those who may be regarded as an ‘average consumer who is reasonably well informed and reasonably observant and circumspect’.

( 1 ) OJ C 304, 14.9.2020.