17.11.2012   

EN

Official Journal of the European Union

C 355/8


Reference for a preliminary ruling from the Krajský súd v Prešove (Prešov Regional Court) lodged on 3 August 2012 — G.I.C. Cash, a.s. v Marián Gunčaga

(Case C-373/12)

2012/C 355/13

Language of the case: Slovak

Referring court

Krajský súd v Prešove

Parties to the main proceedings

Applicant: G.I.C. Cash, a.s.

Defendant: Marián Gunčaga

Questions referred

1.

Is Article 47 of the Charter of Fundamental Rights of the European Union (1) (‘the Charter’), in conjunction with Article 38 thereof, together with Article 6(1) and Article 7(1) of Council Directive 93/13/EEC (2) on unfair terms in consumer contracts, to be interpreted as meaning that, where a court in a dispute on a consumer contract is assessing whether a contract term is unacceptable and a court of another Member State has already manifestly held, in comparable factual circumstances, that a contract term with a similar or identical content is unacceptable, the consumer has the right that the court, for the purposes of the assessment of whether the contract term at issue is unacceptable, takes into account that judgment of the court of the other Member State?

2.

Where the answer to the first question is in the affirmative, does the court infringe the fundamental right of the consumer under Article 47 of the Charter in conjunction with Article 38 thereof where it does not take into account the manifest judgment of the court of the other Member State on the unacceptability of a contract term with a similar or identical content?


(1)  OJ C 364, 18.12.2000, p. 1.

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