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Document 62017CN0119
Case C-119/17: Request for a preliminary ruling from the Tribunalul Sibiu (Romania) lodged on 6 March 2017 — Liviu Petru Lupean, Oana Andreea Lupean v OTP BAAK NYRT, acting through OTPBANK SA, acting through Sucursala Sibiu, OTP BAAK NYRT, acting through OTPBANK SA
Case C-119/17: Request for a preliminary ruling from the Tribunalul Sibiu (Romania) lodged on 6 March 2017 — Liviu Petru Lupean, Oana Andreea Lupean v OTP BAAK NYRT, acting through OTPBANK SA, acting through Sucursala Sibiu, OTP BAAK NYRT, acting through OTPBANK SA
Case C-119/17: Request for a preliminary ruling from the Tribunalul Sibiu (Romania) lodged on 6 March 2017 — Liviu Petru Lupean, Oana Andreea Lupean v OTP BAAK NYRT, acting through OTPBANK SA, acting through Sucursala Sibiu, OTP BAAK NYRT, acting through OTPBANK SA
IO C 178, 6.6.2017, p. 7–8
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
6.6.2017 |
EN |
Official Journal of the European Union |
C 178/7 |
Request for a preliminary ruling from the Tribunalul Sibiu (Romania) lodged on 6 March 2017 — Liviu Petru Lupean, Oana Andreea Lupean v OTP BAAK NYRT, acting through OTPBANK SA, acting through Sucursala Sibiu, OTP BAAK NYRT, acting through OTPBANK SA
(Case C-119/17)
(2017/C 178/08)
Language of the case: Romanian
Referring court
Tribunalul Sibiu
Parties to the main proceedings
Applicants: Liviu Petru Lupean, Oana Andreea Lupean
Defendants: OTP BAAK NYRT, acting through OTPBANK SA, acting through Sucursala Sibiu, OTP BAAK NYRT, acting through OTPBANK SA
Questions referred
1. |
May Article 4(1) of Council Directive 93/[1]3/EEC (1) of 5 April 1993 on unfair terms in consumer contracts, together with the principle in dubio pro consumer reflected in the second sentence of Article 5(1) of the directive, and the case-law of the European Union, be interpreted as meaning that the terms of a bank loan agreement:
may be unfair? |
2. |
If the first question is answered in the affirmative, what are the criteria which the national court must apply for the purpose of assessing whether such terms may be unfair, with reference to the factual situation described in the first question? |
3. |
May the terms described in the first question be regarded as being unrelated to the main subject matter of the loan agreement? |
(1) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 1993, p. 29).