I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
(2014/C 71/02)
Language of the case: Hungarian
Applicants: Nóra Baczó, János István Vizsnyiczai
Defendant: Raiffeisen Bank Zrt.
1.In proceedings brought before a local court for a declaration of the invalidity of a contract (standard contract terms), in which the consumer also seeks in his application a declaration of the unfairness of a term of the contract at issue in the proceedings, and thereby provides a basis for the jurisdiction of another court, the county court (törvényszék), is there a disadvantage for the consumer, given that, in proceedings brought by the other party to the contract, the consumer can rely on the unfairness of a contract term (1) before the local court, and transfer to the county court burdens the consumer with higher costs?
2.Would the situation be more equal if, in proceedings brought by the consumer before the local court for a declaration of the invalidity of a contract, the consumer were able also to rely on the unfairness of a term of the contract, as a result of which that local court would have jurisdiction?
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts; OJ 1993 L 95, p. 29.