15.6.2013

EN

Official Journal of the European Union

C 171/15

(Case C-143/13)

2013/C 171/29

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicants: Bogdan Matei, Ioana Ofelia Matei

Defendant: SC Volksbank România SA

Questions referred

Having regard to the fact that, in accordance with Article 4(2) of Directive 93/13/EEC, the assessment of the unfair nature of contractual terms must relate neither to the definition of the main subject-matter of the contract nor to the adequacy 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(1)(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;

Then:

can the concepts of ‘subject-matter’ and/or of ‘price’ referred to in Article 4(2) of Directive 93/13/EEC be interpreted as meaning that such terms — namely the ‘subject-matter’ and/or the ‘price’ of a credit agreement secured by a mortgage — also cover, among the elements which make up the consideration owed to the credit institution, the annual percentage rate of such a credit agreement secured by a mortgage, which is in particular made up of: the interest rate, whether fixed or variable; bank charges; and other costs included and defined in the credit 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).