Reference for a preliminary ruling from the Tribunalul Vâlcea (Romania) lodged on 29 February 2012 — SC Volksbank România SA v Ionuț-Florin Zglimbea, Liana-Ramona Zglimbea

(Case C-108/12)

2012/C 151/29

Language of the case: Romanian

Referring court

Tribunalul Vâlcea

Parties to the main proceedings

Applicant: SC Volksbank România SA

Defendants: Ionuț-Florin Zglimbea, Liana-Ramona Zglimbea

Question referred

Can Article 4(2) of Directive 93/13 (1) be interpreted as meaning that ‘the main subject matter of the contract’ and ‘price’, as referred to in that provision, cover the elements which make up the consideration to which a credit institution is entitled by virtue of a consumer credit agreement, that is to say, the annual percentage rate of charge under a consumer credit agreement (as defined in Directive 2008/48 (2) on credit agreements for consumers), formed in particular by the interest rate, whether fixed or variable, bank commissions, and the other fees included and defined in the agreement?

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

(2)  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 1987 L 133, p. 66).