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Case C-761/24, AXA Bank Belgium and Others: Request for a preliminary ruling from the Budapest Környéki Törvényszék (Hungary) lodged on 5 November 2024 – HM and JD v AXA Bank Belgium SA and Others

ECLI:EU:UNKNOWN:62024CN0761

62024CN0761

January 1, 2024
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Official Journal of the European Union

EN

C series

C/2025/1075

(Case C-761/24, AXA Bank Belgium and Others)

(C/2025/1075)

Language of the case: Hungarian

Referring court

Parties to the main proceedings

Applicants: HM and JD

Defendants: AXA Bank Belgium SA, OTP Bank Nyrt. and OTP Faktoring Követeléskezelő Zrt.

Questions referred

does not remedy the legal consequences of the invalidity in the legal relationship between the original lender and the consumer as debtor, because national legislation makes it possible for the original lender and a third party to conclude an agreement that results in a change in the parties to the contract;

remedies the legal consequences of the invalidity only as between the consumer and the successor in law entering the contractual relationship as a new party as a result of the transfer of the contract, in such a way that the consumer is obliged to make any payment to the new party to the contract rather than to the original lender and, conversely, may only claim from the new party entering the contractual relationship any amount that may have to be reimbursed to that consumer, even though the consumer has not made any payment to that party?

(1) OJ 1993 L 95, p. 29.

ELI: http://data.europa.eu/eli/C/2025/1075/oj

ISSN 1977-091X (electronic edition)

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