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CJEU Case C-483/16 / Opinion

Zsolt Sziber v ERSTE Bank Hungary Zrt

Policy area:
Consumers
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:
16/01/2018

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:

72) In conclusion, I propose that the Court declare the request submitted by the Fővárosi Törvényszék (Budapest High Court, Hungary) inadmissible.

73) In the alternative, I propose that the Court answer the questions referred for a preliminary ruling as follows:

  • Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts does not preclude national rules that introduce procedural requirements such as those in Article 37 of Law XL of 2014 for actions brought by consumers who in a specific period have entered into credit agreements containing unfair contractual terms;
  • the provisions of Directive 93/13 are also applicable to situations where there is no cross-border element.