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Case C-177/23, Investcapital: Order of the Court (Eighth Chamber) of 8 November 2023 (request for a preliminary ruling from the Tribunalul Specializat Mureş — Romania) — Investcapital Ltd v XF, KJ (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Questions the answer to which may be clearly deduced from the Court’s existing case-law — Directive 93/13/EEC — Consumer contracts — Scope — Article 1(2) — Exclusion of contractual terms which reflect mandatory statutory or regulatory provisions — Clause reflecting a national mandatory statutory provision conferring on a lender the right to assign claims arising from a loan agreement entered into with a consumer, without the consent of the latter)
ECLI:EU:UNKNOWN:62023CB0177
62023CB0177
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Official Journal of the European Union
Series C
C/2024/458
(Case C-177/23, (<span class="oj-super oj-note-tag">1</span>) Investcapital)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Questions the answer to which may be clearly deduced from the Court’s existing case-law - Directive 93/13/EEC - Consumer contracts - Scope - Article 1(2) - Exclusion of contractual terms which reflect mandatory statutory or regulatory provisions - Clause reflecting a national mandatory statutory provision conferring on a lender the right to assign claims arising from a loan agreement entered into with a consumer, without the consent of the latter)
(C/2024/458)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Appellant: Investcapital Ltd
Respondents: XF, KJ
Other parties to the proceedings: Banca Comercială Română SA, Kruk SA
Operative part of the order
Article 1(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts,
must be interpreted as meaning that that directive does not apply to a clause in a loan agreement entered into with a consumer which reflects a mandatory provision of national law conferring on a lender the right to assign claims arising from such a loan agreement without the consent of the consumer concerned.
Date lodged: 21.3.2023.
ELI: http://data.europa.eu/eli/C/2024/458/oj
ISSN 1977-091X (electronic edition)
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Language of the case: Romanian