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CJEU Case C-483/16 / Judgment

Zsolt Sziber v ERSTE Bank Hungary Zrt

Policy area:
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Second Chamber)
Decision date:

Key facts of the case:

Reference for a preliminary ruling — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 7(1) — Loan agreements denominated in foreign currency — National legislation providing for specific procedural requirements when the fairness of terms is challenged — Principle of equivalence — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection.

Outcome of the case:

On those grounds, the Court (Second Chamber) hereby rules: 

  1. Article 7 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that it does not preclude, in principle, national legislation which lays down specific procedural requirements, such as those at issue in the main proceedings, in respect of actions brought by consumers who concluded loan agreements denominated in foreign currency, containing a term stipulating a differential between the exchange rate applicable to the advance of the loan and that applicable to its repayment and/or a clause stipulating an option of unilateral amendment, enabling the lender to increase interest, fees and costs, provided that a finding that terms in such an agreement were unfair would restore the legal and factual situation that the consumer would have been in had those unfair terms not existed.
  2. Directive 93/13 must be interpreted as meaning that it also applies to situations without a cross-border element.