Official Journal of the European Union

C 235/6

(Case C-236/12)

2012/C 235/12

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicant: Comisariatul Județean pentru Protecția Consumatorilor Argeș

Respondents: SC Volksbank România SA, SC Volksbank România SA — Sucursala Pitești, Alin Iulian Matei, Petruța Florentina Matei

Question referred

Having regard to the fact that, in accordance with Article 4(2) of Directive 93/13/EEC, assessment of the unfair nature of contractual terms must relate neither to the definition of the main subject-matter of the agreement nor to the adequacy [sic] of the price and remuneration, on the one hand, as against the services or goods supplied in exchange, on the other, in so far as these terms are in plain intelligible language,

and

given that, under Article 2(2)(a) of Directive 2008/48/EC, the definition provided in Article 3(g) of that directive of ‘the total cost of the credit to the consumer’, which includes all the fees which the consumer is required to pay in connection with the credit agreement, does not apply for the purposes of determining the subject-matter of a credit agreement secured by a mortgage,

can the concepts of ‘main subject-matter’ and/or of ‘price’, to which Article 4(2) of Directive 93/13/EEC refers, be interpreted as also covering, among the elements which make up the consideration owed to the credit institution, the global effective annual rate of a credit agreement, formed in particular of the interest rate, whether fixed or variable, the bank charges and other costs included and defined in the agreement?

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993, L 95, p. 29).

Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008, L 133, p. 66).