# C_2022472EN.01003101.xml

| 12.12.2022 | EN | Official Journal of the European Union | C 472/31 |
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12.12.2022

EN

Official Journal of the European Union

C 472/31

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Request for a preliminary ruling from the Tribunalul Specializat Cluj (Romania) lodged on 12 September 2022 — FS and WU v First Bank SA

(Case C-593/22)

(2022/C 472/35)

Language of the case: Romanian

Referring court

Tribunalul Specializat Cluj

Parties to the main proceedings

Appellants: FS and WU

Respondent: First Bank SA

Questions referred

| 1. | Is Article 1(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) to be interpreted as meaning that






  (a) | a ‘contractual term which reflects statutory provisions’ must reproduce, in whole or in part, the corresponding legal rule set out in the relevant statutory provision;
  or that |
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1.

Is Article 1(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) to be interpreted as meaning that

(a)

a ‘contractual term which reflects statutory provisions’ must reproduce, in whole or in part, the corresponding legal rule set out in the relevant statutory provision;

or that

| (b) | a ‘contractual term which reflects statutory provisions’ must contain an express reference to the corresponding legal rule set out in the relevant statutory provision;
  or, on the contrary, that, |
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(b)

a ‘contractual term which reflects statutory provisions’ must contain an express reference to the corresponding legal rule set out in the relevant statutory provision;

or, on the contrary, that,

| (c) | in order for the exclusion from the scope of the analysis of the unfairness of a contractual term provided for in Article 1(2) of Directive 93/13 to be deemed to apply, it is sufficient to apply the general civil-law rule that contracts are supplemented by the law, without any specific reference being made to the corresponding legal rule set out in the relevant statutory provision? |
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(c)

in order for the exclusion from the scope of the analysis of the unfairness of a contractual term provided for in Article 1(2) of Directive 93/13 to be deemed to apply, it is sufficient to apply the general civil-law rule that contracts are supplemented by the law, without any specific reference being made to the corresponding legal rule set out in the relevant statutory provision?

| 2. | Is Article 1(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts to be interpreted as meaning that, in the context of the special legal regime for the protection of consumer rights, it is excessive to take the view that the consumer is under an obligation to be familiar with the content of all the legal rules set out in the statutory provisions which supplement a contract, without the seller or supplier first providing the consumer with information to that effect? |
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2.

Is Article 1(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts to be interpreted as meaning that, in the context of the special legal regime for the protection of consumer rights, it is excessive to take the view that the consumer is under an obligation to be familiar with the content of all the legal rules set out in the statutory provisions which supplement a contract, without the seller or supplier first providing the consumer with information to that effect?

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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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