Official Journal of the European Union

C series

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C/2025/4577

Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 26 May 2025 – ‘EOS Matrix’ EOOD v V.P.M.

(Case C-352/25, EOS Matrix)

(C/2025/4577)

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant:

‘EOS Matrix’ EOOD

Defendant: V.P.M.

Questions referred

Must the concept of ‘contractual term’ in Article 3(1) of Directive 93/13/EEC (<span class="oj-super oj-note-tag">1</span>) on unfair terms in consumer contracts, having regard also to the requirements for judicial assessment under Article 4(1) of that Directive, be interpreted as denoting an agreement between consumer and trader that must necessarily be contained in a separate sentence or text element (point, letter, paragraph) of the written contract concluded between them, or must that concept be interpreted as an agreement that reflects the common intention [of the parties], irrespective of its format, even if this results from the interpretation of different text elements of the written contract; and what criteria are used to make that distinction?

Must Article 6(1) of Directive 93/13/EEC on unfair terms in consumer contracts be interpreted as precluding national case-law which, where a consumer credit contract contains a term providing for a variable interest rate that comprises the sum of a fixed component and a variable component, without objective criteria for calculating the variable component being set out, and that term is therefore declared unfair, allows that agreement to be applied to a consumer who has not made any express declaration before the court concerning the effect of that term, the interest rate applicable to the credit contract at the time the loan was granted, comprising the sum of the two components, being maintained as the fixed interest rate, if the latter is clearly quantified in the agreement?

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

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ELI: http://data.europa.eu/eli/C/2025/4577/oj

ISSN 1977-091X (electronic edition)

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