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Case C-32/14: Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 23 January 2014 — ERSTE Bank Hungary Zrt. v Attila Sugár
ECLI:EU:UNKNOWN:62014CN0032
62014CN0032
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Valentina R., lawyer
7.4.2014
EN
Official Journal of the European Union
C 102/16
(Case C-32/14)
2014/C 102/22
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: ERSTE Bank Hungary Zrt.
Defendant: Attila Sugár
Questions referred
1.Does a procedure of a Member State comply with Article 7(1) of Directive 93/13/EEC if, under that procedure, in the event of a breach by the consumer of an obligation contained in a document in due form drawn up by a notary, the other party to the contract avoids inter partes proceedings before a court and asserts its claim to the amount it indicates by issuing what is known as an enforcement clause, without any examination being possible of the unfairness of a term of the underlying contract?
2.In such a procedure may the consumer request the annulment of the enforcement clause already issued on the basis that there was no examination of the unfairness of a term of the underlying contract, whereas, according to the judgment in Case C-472/11, in court proceedings the court must inform the consumer if it finds that a term is unfair?
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts; OJ 1993 L 95, p. 29.