16.11.2013

EN

Official Journal of the European Union

C 336/5

(Case C-342/13)

2013/C 336/13

Language of the case: Hungarian

Referring court

Parties to the main proceedings

Applicant: Katalin Sebestyén

Defendants: Kővári Zsolt, Csaba OTP Bank, OTP Faktoring Követeléskezelő Zrt., Raiffeisen Bank Zrt.

Questions referred

1.On the basis of Article 3(1) [of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts], is a contractual clause to be regarded as unfair that makes disputes regarding a loan contract concluded by a consumer and a bank subject to the exclusive jurisdiction of a Chamber made up of three arbitrators of the Pénz- és Tőkepiaci Állandó Választottbíróság (Permanent Arbitration Court of the Financial and Capital Market)?

2.On the basis of Article 3(1) [of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts], is a contractual clause to be regarded as unfair that makes disputes concerning a loan contract entered into by a consumer and a bank subject to the exclusive jurisdiction of a Chamber made up of three arbitrators of the Permanent Arbitration Court of the Financial and Capital Market, save in the exceptional cases provided for in the contract, regardless of the fact that the contract contains general information concerning differences between the procedure governed by Law LXXI of 1994 on Arbitration and ordinary legal proceedings?

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