# C_2020423EN.01003001.xml

| 7.12.2020 | EN | Official Journal of the European Union | C 423/30 |
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7.12.2020

EN

Official Journal of the European Union

C 423/30

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Request for a preliminary ruling from the Vrhovni sud Republike Hrvatske (Croatia) lodged on 30 September 2020 — I.D. v Z. b. d.d., Z.

(Case C-474/20)

(2020/C 423/45)

Language of the case: Croatian

Referring court

Vrhovni sud Republike Hrvatske (Croatia)

Parties to the main proceedings

Applicant: I.D.

Defendant: Z. b. d.d., Z.

Questions referred

| 1. | Must Directive 93/13 on unfair terms in consumer contracts (1) be interpreted as meaning that its provisions are applicable to a loan agreement concluded prior to the accession of the Republic of Croatia to the European Union, which loan was converted following accession on the basis of legislation adopted by the Republic of Croatia after its accession to the European Union, and does the Court of Justice therefore have jurisdiction to answer the second question?
  If the answer to the first question is in the affirmative, the following question arises: |
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1.

Must Directive 93/13 on unfair terms in consumer contracts (1) be interpreted as meaning that its provisions are applicable to a loan agreement concluded prior to the accession of the Republic of Croatia to the European Union, which loan was converted following accession on the basis of legislation adopted by the Republic of Croatia after its accession to the European Union, and does the Court of Justice therefore have jurisdiction to answer the second question?

If the answer to the first question is in the affirmative, the following question arises:

| 2. | Must Article 6(1) of Directive 93/13 on unfair terms in consumer contracts be interpreted as precluding national legislation such as the special law at issue in the main proceedings — ZID ZPK 2015 — Zakon o konverziji (Law on Conversion), which, on the one hand, obliges the supplier of services under a mandatory provision to offer the consumer the conclusion of an annex to the loan agreement in the manner set out in that law, which annex replaces individual terms and conditions of the agreement which have been declared null and void by a court ruling already at the time of entry into force of that law (terms and conditions concerning unilateral changes to the interest rate) or subsequently (terms and conditions concerning a currency clause linked to the Swiss franc (CHF)) with valid contractual terms and conditions in such a manner as if the terms and conditions stipulated in the annex had been in force between the parties from the outset, thereby ensuring the validity of the agreement, and, on the other hand, providing that payments made pursuant to unfair terms and conditions by a consumer who has voluntarily agreed to conclude the annex are to be counted towards his obligations arising from the terms and conditions of the valid annex, by way of disposing of any overpayment or reimbursing the consumer if the overpayment exceeds the sum of equal instalments under the new loan repayment schedule, which disposal or reimbursement is to be effected in the manner provided for by that law? |
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2.

Must Article 6(1) of Directive 93/13 on unfair terms in consumer contracts be interpreted as precluding national legislation such as the special law at issue in the main proceedings — ZID ZPK 2015 — Zakon o konverziji (Law on Conversion), which, on the one hand, obliges the supplier of services under a mandatory provision to offer the consumer the conclusion of an annex to the loan agreement in the manner set out in that law, which annex replaces individual terms and conditions of the agreement which have been declared null and void by a court ruling already at the time of entry into force of that law (terms and conditions concerning unilateral changes to the interest rate) or subsequently (terms and conditions concerning a currency clause linked to the Swiss franc (CHF)) with valid contractual terms and conditions in such a manner as if the terms and conditions stipulated in the annex had been in force between the parties from the outset, thereby ensuring the validity of the agreement, and, on the other hand, providing that payments made pursuant to unfair terms and conditions by a consumer who has voluntarily agreed to conclude the annex are to be counted towards his obligations arising from the terms and conditions of the valid annex, by way of disposing of any overpayment or reimbursing the consumer if the overpayment exceeds the sum of equal instalments under the new loan repayment schedule, which disposal or reimbursement is to be effected in the manner provided for by that law?

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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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