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Case C-81/19: Judgment of the Court (First Chamber) of 9 July 2020 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — NG, OH v SC Banca Transilvania SA (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Scope — Article 1(2) — Definition of ‘mandatory statutory or regulatory provisions’ — Supplementary provisions — Loan agreement denominated in a foreign currency — Term relating to the foreign exchange risk)

ECLI:EU:UNKNOWN:62019CA0081

62019CA0081

January 1, 2019
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31.8.2020

Official Journal of the European Union

C 287/7

(Case C-81/19) (*)

(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Scope - Article 1(2) - Definition of ‘mandatory statutory or regulatory provisions’ - Supplementary provisions - Loan agreement denominated in a foreign currency - Term relating to the foreign exchange risk)

(2020/C 287/09)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicants: NG, OH

Defendant: SC Banca Transilvania SA

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 a contractual term which has not been individually negotiated but which reflects a rule that, under national law, applies between contracting parties provided that no other arrangements have been established in that respect falls outside the scope of that directive.

(*)

Language of the case: Romanian

ECLI:EU:C:2020:140

15

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