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Case C-567/13: Judgment of the Court (Third Chamber) of 12 February 2015 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — Nóra Baczó, János István Vizsnyiczai v Raiffeisen Bank Zrt (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Article 7 — Mortgage loan agreement — Arbitration clause — Unfairness — Action by consumer — National procedural rule — Lack of jurisdiction of the court hearing the action by a consumer for a declaration of invalidity of a standard contract to hear the application for a declaration of unfairness of terms in the same contract)
ECLI:EU:UNKNOWN:62013CA0567
62013CA0567
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Official Journal of the European Union
C 118/9
(Case C-567/13) (<span class="super">1</span>)
((Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Article 7 - Mortgage loan agreement - Arbitration clause - Unfairness - Action by consumer - National procedural rule - Lack of jurisdiction of the court hearing the action by a consumer for a declaration of invalidity of a standard contract to hear the application for a declaration of unfairness of terms in the same contract))
(2015/C 118/11)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicants: Nóra Baczó, János István Vizsnyiczai
Defendant: Raiffeisen Bank Zrt
Operative part of the judgment
Article 7(1) 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 a national procedural rule pursuant to which a local court which has jurisdiction to rule on an action brought by a consumer seeking a declaration of invalidity of a standard contract does not have jurisdiction to hear an application by the consumer for a declaration of unfairness of contract terms in the same contract, unless declining jurisdiction by the local court gives rise to procedural difficulties that would make the exercise of the rights conferred on consumers by the European Union legal order excessively difficult. It is for the national court to carry out the necessary verifications in that respect.
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Language of the case: Hungarian
ECLI:EU:C:2015:140