Order — ECLI:EU:C:2014:2051
Date: 2014-07-03
Language of the case: Romanian
Court formation: Sixth Chamber
Subject matter: Consumer protection;Approximation of laws;Free movement of workers;Fundamental rights;Charter of Fundamental Rights
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Romania

Summary — Order of the Court (Sixth Chamber), 3 July 2014 1. Consumer protection — Unfair terms in consumer contracts — Directive 93/13 — Scope — Clause contained in a contract concluded before the Member State’s accession to the European Union — Not included (Council Directive 93/13, Art. 10(1), second para.) 2. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Interpretation of a Community directive in proceedings antedating the accession of a Member State to the European Union — Not included (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 53(2)) 3. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Question raised concerning a dispute confined within a single Member State — Clear lack of jurisdiction of the Court (Art. 267 TFEU) 4. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Request for interpretation of the Charter of Fundamental Rights of the European Union — Subject-matter of the national dispute not having any connection with EU law — Lack of jurisdiction of the Court (Art. 6(1) TEU; Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Art. 51(1) and (2)) 1. Since the second subparagraph of Article 10(1) of Directive 93/13 on unfair terms in consumer contracts provides that that directive is applicable only to contracts concluded after 31 December 1994, the date by which it was to have been implemented in national legislation, it is clear that Directive 93/13 does not apply to a contract concluded before the date on which the Member State in question acceded to the European Union. It is therefore necessary to take into consideration the date of the conclusion of the contract at issue in the main proceedings to determine the applicability of the directive to the contract; the period during which the contract produced effects is not relevant. (see para. 28) 2. See the text of the decision. (see para. 27) 3. See the text of the decision. (see paras 36, 37, 40) 4. See the text of the decision. (see paras 44, 45)