# C_2019348EN.01001201.xml

| 14.10.2019 | EN | Official Journal of the European Union | C 348/12 |
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14.10.2019

EN

Official Journal of the European Union

C 348/12

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Request for a preliminary ruling from the Tribunal d’instance de Lagny-sur-Marne (France) lodged on 13 August 2019 — BNP Paribas Personal Finance SA v VE

(Case C-609/19)

(2019/C 348/13)

Language of the case: French

Referring court

Tribunal d’instance de Lagny-sur-Marne (France)

Parties to the main proceedings

Applicant: BNP Paribas Personal Finance SA

Defendant: VE

Questions referred

| 1. | Must Article 4(2) of Directive 93/13 (1) be interpreted as meaning that terms stipulating repayments at fixed intervals allocated first to interest and providing for an extension of the term of the contract and for an increase in payments in order to pay the account balance, which [may] increase significantly as a result of exchange rate variations, constitute the main subject matter of a loan denominated in a foreign currency and repayable in the national currency, and that those terms cannot be considered in isolation? |
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1.

Must Article 4(2) of Directive 93/13 (1) be interpreted as meaning that terms stipulating repayments at fixed intervals allocated first to interest and providing for an extension of the term of the contract and for an increase in payments in order to pay the account balance, which [may] increase significantly as a result of exchange rate variations, constitute the main subject matter of a loan denominated in a foreign currency and repayable in the national currency, and that those terms cannot be considered in isolation?

| 2. | Must Article 3(1) of Directive 93/13 be interpreted as meaning that terms stipulating payments at fixed intervals allocated first to interest and providing for an extension of [the] term [of the contract] and for an increase in payments in order to pay the account balance, which may increase significantly as a result of exchange rate variations, cause a significant imbalance in the rights and obligations of the parties to the contract, in particular in that they expose the consumer to a disproportionate foreign exchange risk? |
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2.

Must Article 3(1) of Directive 93/13 be interpreted as meaning that terms stipulating payments at fixed intervals allocated first to interest and providing for an extension of [the] term [of the contract] and for an increase in payments in order to pay the account balance, which may increase significantly as a result of exchange rate variations, cause a significant imbalance in the rights and obligations of the parties to the contract, in particular in that they expose the consumer to a disproportionate foreign exchange risk?

| 3. | Must Article 4 of Directive 93/13 be interpreted as requiring that the plainness and intelligibility of the terms of a loan agreement denominated in a foreign currency and repayable in the national currency be assessed by referring, at the time of conclusion of that agreement, to the foreseeable economic context, in the present case the consequences of the economic difficulties of the years 2007 to 2009 on exchange rate variations, taking into account the professional lender’s expertise and knowledge, as well as its good faith? |
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3.

Must Article 4 of Directive 93/13 be interpreted as requiring that the plainness and intelligibility of the terms of a loan agreement denominated in a foreign currency and repayable in the national currency be assessed by referring, at the time of conclusion of that agreement, to the foreseeable economic context, in the present case the consequences of the economic difficulties of the years 2007 to 2009 on exchange rate variations, taking into account the professional lender’s expertise and knowledge, as well as its good faith?

| 4. | Must Article 4 of Directive 93/13 be interpreted as requiring that the plainness and intelligibility of the terms of a loan agreement denominated in a foreign currency and repayable in the national currency be assessed by ascertaining that a lender, having [the] expertise and knowledge of a seller or supplier, has communicated to the consumer only objective and abstract information, inter alia quantitative information, which does not take into account the economic context capable of affecting exchange rate variations? |
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4.

Must Article 4 of Directive 93/13 be interpreted as requiring that the plainness and intelligibility of the terms of a loan agreement denominated in a foreign currency and repayable in the national currency be assessed by ascertaining that a lender, having [the] expertise and knowledge of a seller or supplier, has communicated to the consumer only objective and abstract information, inter alia quantitative information, which does not take into account the economic context capable of affecting exchange rate variations?

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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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