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Case C-74/15: Order of the Court of 19 November 2015 (request for a preliminary ruling from the Curtea de Apel Oradea — Romania) — Dumitru Tarcău, Ileana Tarcău v Banca Comercială Intesa Sanpaolo România SA and Others (Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Consumer protection — Directive 93/13/EEC — Article 1(1) and Article 2(b) — Unfair terms in consumer contracts — Guarantee contracts and contracts providing immovable property as security concluded with a credit institution by natural persons acting for purposes outside their trade, business or profession and having no connection of a functional nature with the commercial company for which they act as guarantor)
ECLI:EU:UNKNOWN:62015CB0074
62015CB0074
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EN
Official Journal of the European Union
C 38/17
(Case C-74/15) (<span class="super">1</span>)
((Request for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Consumer protection - Directive 93/13/EEC - Article 1(1) and Article 2(b) - Unfair terms in consumer contracts - Guarantee contracts and contracts providing immovable property as security concluded with a credit institution by natural persons acting for purposes outside their trade, business or profession and having no connection of a functional nature with the commercial company for which they act as guarantor))
(2016/C 038/25)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicants: Dumitru Tarcău, Ileana Tarcău
Defendants: Banca Comercială Intesa Sanpaolo România SA Arad, Banca Comercială Intesa Sanpaolo România SA — Sucursala Baia Mare, Cristian Tarcău, Corina Tarcău, SC Magenta, in liquidation, SC Crisco SRL
Operative part of the order
Article 1(1) and Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that that directive may apply to a contract providing immovable property as security or to a guarantee contract concluded between a natural person and a credit institution in order to guarantee the obligations which a commercial company has entered into with that institution in the context of a credit agreement, where that natural person has acted for purposes outside their trade, business or profession and has no connection in terms of function with that company.
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Language of the case: Romanian
(2016/C 038/25)
<a id="ntr1-C_2016038EN.01001702-E0001" href="#ntc1-C_2016038EN.01001702-E0001">(<span class="super">1</span>)</a> <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2015:171:TOC">OJ C 171, 26.5.2015</a>.