# C_2004251EN.01000501.xml

| 9.10.2004 | EN | Official Journal of the European Union | C 251/5 |
| --- | --- | --- | --- |

9.10.2004

EN

Official Journal of the European Union

C 251/5

---

Reference for a preliminary ruling by the Szombathelyi Városi Bíróság by order of that court of 10 June 2004 in the case Ynos Kft. against János Varga

(Case C-302/04)

(2004/C 251/09)

Reference has been made to the Court of Justice of the European Communities by order of the Szombathelyi Városi Bíróság (Szombathely City Court, Hungary), of 10 June 2004, which was received at the Court Registry on 19 July 2004, for a preliminary ruling in the case of Ynos Kft. against János Varga.

The Szombathelyi Városi Bíróság asks the Court of Justice to give a preliminary ruling on the following questions:

| 1. | May Article 6(1) of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts, which provides that Member States are to lay down that unfair terms used in a contract concluded with a consumer by a seller or supplier are, as provided for under their national law, not to be binding on the consumer, be interpreted as meaning that it may constitute the basis of a national provision such as Article 209(1) of Law No IV of 1959 on the Civil Code, applicable when a general condition in a contract stating that unfair terms do not cease to bind the consumer ipso jure, but do so only where an express declaration to that effect is made, that is to say, when they are successfully contested, is found to be unfair? |
| --- | --- |

1.

May Article 6(1) of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts, which provides that Member States are to lay down that unfair terms used in a contract concluded with a consumer by a seller or supplier are, as provided for under their national law, not to be binding on the consumer, be interpreted as meaning that it may constitute the basis of a national provision such as Article 209(1) of Law No IV of 1959 on the Civil Code, applicable when a general condition in a contract stating that unfair terms do not cease to bind the consumer ipso jure, but do so only where an express declaration to that effect is made, that is to say, when they are successfully contested, is found to be unfair?

1

| 2. | Does it follow from that provision of the Directive, according to which the contract is to continue to bind the parties upon those terms if it is capable of continuing in existence without the unfair terms, that where the unfair terms inserted by a seller or supplier are not binding on the consumer as provided for under national law, but where in the absence of those terms, which form part of the contract, the seller or supplier would not have concluded the contract with the consumer, the validity of the contract as a whole cannot be affected if it is capable of continuing in existence without the unfair terms? |
| --- | --- |

2.

Does it follow from that provision of the Directive, according to which the contract is to continue to bind the parties upon those terms if it is capable of continuing in existence without the unfair terms, that where the unfair terms inserted by a seller or supplier are not binding on the consumer as provided for under national law, but where in the absence of those terms, which form part of the contract, the seller or supplier would not have concluded the contract with the consumer, the validity of the contract as a whole cannot be affected if it is capable of continuing in existence without the unfair terms?

| 3. | From the point of view of the application of Community law, is it relevant that the main dispute arose before the accession of the Republic of Hungary to the European Union, but after the adaptation of its domestic law to the Directive? |
| --- | --- |

3.

From the point of view of the application of Community law, is it relevant that the main dispute arose before the accession of the Republic of Hungary to the European Union, but after the adaptation of its domestic law to the Directive?

---

(1)  OJ L 95, p. 29.

1

---