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Case C-87/21: Order of the Court (Sixth Chamber) of 14 October 2021 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — NSV, NM v BT (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Scope — Article 1(2) — Contractual terms which reflect mandatory statutory or regulatory provisions — Credit agreements denominated in a foreign currency — Terms relating to the exchange rate risk which reproduce a supplementary provision of national law — Alleged failure to fulfil the obligation of information borne by the banking institution providing the loan — Requirement of good faith — Examination to be carried out by the national court as a matter of priority in the light of Article 1(2) of Directive 93/13)
ECLI:EU:UNKNOWN:62021CB0087
62021CB0087
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Official Journal of the European Union
C 64/4
(Case C-87/21) (*)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Scope - Article 1(2) - Contractual terms which reflect mandatory statutory or regulatory provisions - Credit agreements denominated in a foreign currency - Terms relating to the exchange rate risk which reproduce a supplementary provision of national law - Alleged failure to fulfil the obligation of information borne by the banking institution providing the loan - Requirement of good faith - Examination to be carried out by the national court as a matter of priority in the light of Article 1(2) of Directive 93/13)
(2022/C 64/05)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Appellants: NSV, NM
Respondent: BT
Operative part of the order
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 term inserted into a credit agreement denominated in a foreign currency that has been concluded between a consumer and a seller or supplier, which reflects a disposition of national law that is supplementary in nature, does not fall within the scope of that directive, even if:
that disposition of national law has not been assessed by the national legislature with a view to create a balance between the interests of the consumer and of the seller or supplier, in the specific context of bank credit agreements concluded with consumers;
the seller or supplier inserted that term into the agreement concerned without fulfilling its information and transparency obligations;
there is evidence which supports the view that the seller or supplier concerned inserted the term in question into that agreement in bad faith, it not being possible for that seller or supplier to be unaware of the fact that the application of that same term was liable to cause a significant imbalance in the rights and obligations of the parties to that agreement, to the detriment of the consumer.
* * *
(*) Language of the case: Romanian.