# C_2019413EN.01000301.xml

| 9.12.2019 | EN | Official Journal of the European Union | C 413/3 |
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9.12.2019

EN

Official Journal of the European Union

C 413/3

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Judgment of the Court (Third Chamber) of 3 October 2019 (request for a preliminary ruling from the Kúria — Hungary) — Gyula Kiss v CIB Bank Zrt., Emil Kiss, Gyuláné Kiss

(Case C-621/17) (1)

(Reference for a preliminary ruling - Consumer protection - Unfair terms in consumer contracts - Directive 93/13/EEC - Article 3(1) - Assessment of the unfairness of contractual terms - Article 4(2) - Article 5 - Requirement that contractual terms be drafted in plain and intelligible language - Terms requiring the payment of costs for unspecified services)

(2019/C 413/03)

Language of the case: Hungarian

Referring court

Kúria

Parties to the main proceedings

Applicant: Gyula Kiss

Defendants: CIB Bank Zrt., Emil Kiss, Gyuláné Kiss

Operative part of the judgment

| 1. | Article 4(2) and Article 5 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that the requirement that a contractual term be drafted in plain, intelligible language does not require that non-individually negotiated contractual terms in a loan contract concluded with a consumer, such as those at issue in the main proceedings, that specify the exact amount of management charges and of a disbursement commission to be borne by the consumer, their method of calculation and the time when they have to be paid, also have to indicate all of the services provided in return for the amounts concerned; |
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1.

Article 4(2) and Article 5 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that the requirement that a contractual term be drafted in plain, intelligible language does not require that non-individually negotiated contractual terms in a loan contract concluded with a consumer, such as those at issue in the main proceedings, that specify the exact amount of management charges and of a disbursement commission to be borne by the consumer, their method of calculation and the time when they have to be paid, also have to indicate all of the services provided in return for the amounts concerned;

| 2. | Article 3(1) of Directive 93/13 must be interpreted as meaning that a contractual term such as that at issue in the main proceedings in relation to charges for the management of a loan contract, when it cannot be unequivocally determined what specific services are provided in return for those charges, does not in principle cause, contrary to the requirement of good faith, a significant imbalance in the parties’ rights and obligations arising under the contract to the detriment of the consumer. |
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2.

Article 3(1) of Directive 93/13 must be interpreted as meaning that a contractual term such as that at issue in the main proceedings in relation to charges for the management of a loan contract, when it cannot be unequivocally determined what specific services are provided in return for those charges, does not in principle cause, contrary to the requirement of good faith, a significant imbalance in the parties’ rights and obligations arising under the contract to the detriment of the consumer.

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(1)  OJ C 22, 22.1.2018.

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