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Case C-566/21, S (Amendment of an unfair term): Order of the Court (Ninth Chamber) of 7 December 2022 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — S v AA (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Reply to the question referred for a preliminary ruling which may be clearly deduced from existing case-law or which leaves no room for reasonable doubt — Consumer protection — Directive 93/13/EEC — Article 6(1) — Unfair terms in consumer contracts — Loan agreement denominated in a foreign currency (Swiss francs) — Effects of a declaration that a term is unfair — Power of the national court — Prohibition, in principal, on modifying the contract by revising the content of the unfair term)
ECLI:EU:UNKNOWN:62021CB0566
62021CB0566
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Official Journal of the European Union
C 104/11
(Case C-566/21, (<span class="oj-super oj-note-tag">1</span>) S (Amendment of an unfair term))
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Reply to the question referred for a preliminary ruling which may be clearly deduced from existing case-law or which leaves no room for reasonable doubt - Consumer protection - Directive 93/13/EEC - Article 6(1) - Unfair terms in consumer contracts - Loan agreement denominated in a foreign currency (Swiss francs) - Effects of a declaration that a term is unfair - Power of the national court - Prohibition, in principal, on modifying the contract by revising the content of the unfair term)
(2023/C 104/13)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Appellant: S
Respondent: AA
Operative part of the order
Article 6(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
must be interpreted as precluding a national court — which has found that a term contained in a loan agreement concluded between a seller or supplier and a consumer is unfair and that its removal does not prevent the contract from continuing to exist — from altering the scope of that term, in such a way that the right, granted to the seller or supplier alone, under certain conditions, to convert the currency in which the contract was drawn up into the national currency, is replaced by an obligation to do so at the consumer’s request.
(<span class="oj-super">1</span>) OJ C 2, 3.1.2022.