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Case C-567/20: Judgment of the Court (Third Chamber) of 5 May 2022 (request for a preliminary ruling from the Općinski građanski sud u Zagrebu — Croatia) — A.H. v Zagrebačka banka d.d (Reference for a preliminary ruling — Consumer protection — Unfair terms — Directive 93/13/EEC — Applicability of ratione temporis — Article 10(1) — Loan agreement concluded prior to Member State’s accession to the EU but amended after that date — Article 6 — Reimbursement of benefits improperly obtained by the seller or supplier — National legislation providing for the replacement of unfair terms and reimbursement of the overpayment — Applicability of ratione materiae — Article 1(2) — Exclusion of contractual terms which reflect mandatory statutory or regulatory provisions)
ECLI:EU:UNKNOWN:62020CA0567
62020CA0567
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19.9.2022
Official Journal of the European Union
C 359/3
(Case C-567/20) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Consumer protection - Unfair terms - Directive 93/13/EEC - Applicability of ratione temporis - Article 10(1) - Loan agreement concluded prior to Member State’s accession to the EU but amended after that date - Article 6 - Reimbursement of benefits improperly obtained by the seller or supplier - National legislation providing for the replacement of unfair terms and reimbursement of the overpayment - Applicability of ratione materiae - Article 1(2) - Exclusion of contractual terms which reflect mandatory statutory or regulatory provisions)
(2022/C 359/03)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: A.H.
Defendant: Zagrebačka banka d.d
Operative part of the judgment
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 contract terms reflecting provisions of national law, under which the seller or supplier was obliged to propose to the consumer an amendment to his or her original contract by means of an agreement, the content of which is determined by those provisions, and the consumer was able to consent to such an amendment do not fall within the material scope of that directive.
(<span class="oj-super">1</span>) OJ C 19, 18.1.2021.