# C_2019238EN.01000701.xml

| 15.7.2019 | EN | Official Journal of the European Union | C 238/7 |
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15.7.2019

EN

Official Journal of the European Union

C 238/7

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Request for a preliminary ruling from the Curtea de Apel Cluj (Romania) lodged on 29 March 2019 — Banca B. SA v A. A. A.

(Case C-269/19)

(2019/C 238/09)

Language of the case: Romanian

Referring court

Curtea de Apel Cluj

Parties to the main proceedings

Appellant: Banca B. SA

Respondent: A. A. A.

Questions referred

| 1. | Must Article 6(1) of Directive 93/13/EEC (1) be interpreted as meaning that, after a term establishing the mechanism for determining the variable rate of interest by the formula ‘fixed margin and the benchmark interest applied by a bank on the basis of non-transparent criteria’ has been found to be unfair in connection with a credit agreement applying a fixed interest rate limited to the first year and a variable rate for the subsequent years, in accordance with the above formula, the national court may vary the agreement by imposing a method for calculating the variable rate of interest on the basis of transparent benchmarks (LIBOR/EURIBOR) and the bank’s fixed margin, in the light of the facts contained in the credit agreement, for the purposes of ensuring better consumer protection? |
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1.

Must Article 6(1) of Directive 93/13/EEC (1) be interpreted as meaning that, after a term establishing the mechanism for determining the variable rate of interest by the formula ‘fixed margin and the benchmark interest applied by a bank on the basis of non-transparent criteria’ has been found to be unfair in connection with a credit agreement applying a fixed interest rate limited to the first year and a variable rate for the subsequent years, in accordance with the above formula, the national court may vary the agreement by imposing a method for calculating the variable rate of interest on the basis of transparent benchmarks (LIBOR/EURIBOR) and the bank’s fixed margin, in the light of the facts contained in the credit agreement, for the purposes of ensuring better consumer protection?

| 2. | If the answer to that question is in the negative, must Article 6(1) of Directive 93/13/EEC be interpreted as meaning that, after a term such as that mentioned above has been found to be unfair, the national court may apply, by judicial process, a fixed rate of interest by reference to the fixed margin agreed for the second year of the agreement or to the fixed rate of interest for the first year? |
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2.

If the answer to that question is in the negative, must Article 6(1) of Directive 93/13/EEC be interpreted as meaning that, after a term such as that mentioned above has been found to be unfair, the national court may apply, by judicial process, a fixed rate of interest by reference to the fixed margin agreed for the second year of the agreement or to the fixed rate of interest for the first year?

| 3. | If the answer to that question is in the negative, must Article 6(1) of Directive 93/13/EEC and the principle of effectiveness be interpreted as precluding the national court, after a term such as that mentioned above has been found to be unfair, from instructing the parties to conduct negotiations with a view to fixing a new interest rate, without setting any benchmarks? |
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3.

If the answer to that question is in the negative, must Article 6(1) of Directive 93/13/EEC and the principle of effectiveness be interpreted as precluding the national court, after a term such as that mentioned above has been found to be unfair, from instructing the parties to conduct negotiations with a view to fixing a new interest rate, without setting any benchmarks?

| 4. | If the answer to that question is in the negative, what possible remedies are there to ensure that consumers are protected in line with Article 6(1) of Directive 93/13/EEC? |
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4.

If the answer to that question is in the negative, what possible remedies are there to ensure that consumers are protected in line with Article 6(1) of Directive 93/13/EEC?

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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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