17.8.2020

EN

Official Journal of the European Union

C 271/29

(Case C-243/20)

(2020/C 271/37)

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicants: DP

Defendant: Trapeza Peiraios AE

Questions referred

1.Is Article 8 of Directive 93/13/ΕEC, which provides that the Member States may adopt more stringent provisions to ensure a greater degree of protection for the consumer, to be interpreted as meaning that a Member State need not transpose Article 1(2) of Directive 93/13/ΕEC into national law and may allow judicial review also of terms which reflect statutory or regulatory provisions of mandatory or non-mandatory law?

2.Can the first and second subparagraphs of Article 1(2) of Directive 93/13/EEC, even though not expressly transposed into Greek law, be regarded as having been transposed indirectly together with the content of Article 3(1) and Article 4(1) of that directive, as transposed in Article [2(6)] of Law 225[1]/1994?

3.Is the exclusion in the first and second subparagraphs of Article 1(2) of Directive 93/13/EEC contained in the concept and the scope of unfair terms as defined in Article 3(1) and Article 4(1) of Directive 93/13/EEC?

4.Does review of the unfairness of a general term of business in accordance with the provisions of Directive 93/13/EEC extend to a term — contained in a credit agreement entered into by a consumer with a credit institution — which reflects the content of a rule of non-mandatory law of the Member State, where the term was not individually negotiated?

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