28.2.2022

Official Journal of the European Union

C 95/4

(Case C-670/20) (*)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Loan agreement denominated in a foreign currency - Terms exposing the borrower to a foreign exchange risk - Article 4(2) - Requirements of intelligibility and transparency - Lack of effect of the declaration by the consumer under which he or she is fully aware of the potential risks arising from a loan denominated in a foreign currency - Contractual term that is in plain, intelligible language)

(2022/C 95/05)

Language of the case: Hungarian

Referring court

Parties to the main proceedings

Applicants: EP, TA, FV, TB

Defendant: ERSTE Bank Hungary Zrt.

Operative part of the order

Article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that the requirement of transparency of terms of a loan agreement denominated in a foreign currency, which expose the borrower to a foreign exchange risk, is satisfied only where the seller or supplier has provided him or her with accurate and sufficient information on the foreign exchange risk, to enable an average consumer, who is reasonably well informed and reasonably observant and circumspect to evaluate the risk of potentially significant adverse economic consequences of such terms on his or her financial obligations throughout the term of the agreement. In that regard, the fact that the consumer declares himself or herself to be fully aware of the potential risks arising from entering into that agreement does not, in itself, have any relevance for the purposes of the assessment of whether the seller or supplier has met that requirement of transparency.

(*)

Language of the case: Hungarian