5.

5.1. In view of its financial consequences, is it possible not to characterise as unfair, in that it is drafted in a clear and comprehensible manner, a term which places the currency risk on the consumer (a term used as a standard contractual term by the seller or supplier and which was not individually negotiated) and which was drafted in fulfilment of a legal obligation to provide information, necessarily of general application, where that term does not contain an express warning that the amount of the repayment instalments to be paid under the loan agreement may exceed the amount of the consumer’s income noted by the seller or supplier in the examination of creditworthiness; given also the fact that the relevant national legislation provides for a detailed written presentation of the risk and not a mere statement of the existence of the risk and its allocation; since, moreover, according to paragraph 74 of the judgment delivered by the Court of Justice of the European Union in Case C-26/13, the seller or supplier may be required not only to render the risk identifiable for the consumer, but also to ensure that the consumer is able to assess the potentially significant financial consequences for him resulting from the currency risk allocated to him and, therefore, the total cost of the sum borrowed? 5.2. In view of its financial consequences, is it possible not to characterise as unfair, in that it is drafted in a clear and comprehensible manner, a term which places the currency risk on the consumer (a term used as a standard contractual term by the seller or supplier and which was not individually negotiated) and which was drafted in fulfilment of a legal obligation to provide information, necessarily of general application, where that term does not contain an express warning that the amount of the outstanding capital may exceed the value of the debtor’s assets noted by the seller or supplier in the examination of creditworthiness; given also the fact that the relevant national legislation provides for a detailed written presentation of the risk and not a mere statement of the existence of the risk and its allocation; since, moreover, according to paragraph 74 of the judgment delivered by the Court of Justice of the European Union in Case C-26/13, the seller or supplier may be required not only to render the risk identifiable for the consumer, but also to ensure that the consumer is able to assess the potentially significant financial consequences for him resulting from the currency risk allocated to him and, therefore, the total cost of the sum borrowed? 5.3. In view of its financial consequences, is it possible not to characterise as unfair, in that it is drafted in a clear and comprehensible manner, a term which places the currency risk on the consumer (a term used as a standard contractual term by the seller or supplier and which was not individually negotiated) and which was drafted in fulfilment of a legal obligation to provide information, necessarily of general application, where that term does not contain an express warning that (1) there is no ceiling to the potential fluctuations in the exchange rate; (2) there is a real possibility of a fluctuation of the exchange rate, which may occur during the entire repayment period; (3) the amount of the repayment instalments may increase without limit following such a fluctuation; (4) following a fluctuation of the exchange rate, not only the amount of the repayment instalments, but also that of the outstanding capital may increase without limit; (5) there are no limits to the losses that may be incurred; (6) the effectiveness of the necessary preventative measures is limited and requires constant vigilance, (7) which the seller or supplier cannot ensure; taking into account also the fact that the relevant national legislation provides for a detailed written presentation of the risk and not a mere statement of the existence of the risk and its allocation; since, moreover, according to paragraph 74 of the judgment delivered by the Court of Justice of the European Union in Case C-26/13, the seller or supplier may be required not only to render the risk identifiable for the consumer, but also to ensure that the consumer is able to assess the potentially significant financial consequences for him resulting from the currency risk allocated to him and, therefore, the total cost of the sum borrowed? 5.4. In view, inter alia, of the fact that the national case-law or legislation establishes, or may establish, that, in the case of foreign currency based loan agreements, the consumer may borrow in the foreign currency as a result of the more favourable interest rates during the period considered as compared with loans denominated in Hungarian forints, in consideration for which he alone bears the effects of a fluctuation of the exchange rate; taking into account also that the national case-law or legislation establishes, or may establish, that the unfair nature of the unilateral and unforeseeable transfer of contractual responsibilities after the conclusion of the loan agreement cannot be assessed, since the grounds of invalidity must exist at the time the contract is concluded; taking into account, in addition, that the relevant national legislation provides for a detailed written presentation of the risk and not a mere statement of the existence of the risk and its allocation; since, moreover, according to paragraph 74 of the judgment delivered by the Court of Justice of the European Union in Case C-26/13, the seller or supplier may be required not only to render the risk identifiable for the consumer, but also to ensure that the consumer is able to assess that risk, is it possible, in view of its financial consequences, not to characterise as unfair, in that it is drafted in a clear and comprehensible manner, a term which places the currency risk on the consumer (a term used as a standard contractual term by the seller or supplier and which was not individually negotiated) and which was drafted in fulfilment of a legal obligation to provide information, necessarily of general application, where that term does not contain an express warning regarding the foreseeable direction of the fluctuation of the exchange rate during the term of the agreement (at the very least during the initial period) and its minimum and/or maximum values (for example by relying on the method for calculating forward interest rates and/or on the interest rate parity principle — according to which, as regards loans denominated in foreign currencies, it is possible to predict with a high degree of certainty that an advantage with respect to interest rates, namely the fact that the LIBOR (London Interbank Offered Rate] or the EURIBOR (Euro Interbank Offered Rate) is less that the BUBOR (Budapest Interbank Offered Rate), means that the consumer suffers a currency loss, since the value of the payment currency falls by comparison with the credit currency)? 5.5. In view of its financial consequences, is it possible not to characterise as unfair, in that it is drafted in a clear and comprehensible manner, a term which places the currency risk on the consumer (a term used as a standard contractual term by the seller or supplier and which was not individually negotiated) and which was drafted in fulfilment of a legal obligation to provide information, necessarily of general application, where that term does not contain an express warning indicating precisely (for example by comparing, through a set of data or a graph, the changes in the exchange rate of the foreign currency in which the debt is denominated with that of the payment currency during a period at least as long as that of the consumer’s commitment) the risk actually incurred by the debtor because he is liable for the currency risk; taking into account, in addition, that the relevant national legislation provides for a detailed written presentation of the risk and not a mere statement of the existence of the risk and its allocation; since, moreover, according to paragraph 74 of the judgment delivered by the Court of Justice of the European Union in Case C-26/13, the seller or supplier may be required not only to render the risk identifiable for the consumer, but also to ensure that the consumer is able to assess the potentially significant financial consequences for him resulting from the currency risk allocated to him and, therefore, the total cost of the sum borrowed? 5.6. Taking account of the fact that the national case-law or legislation establishes, or may establish, that, in the case of foreign currency based loan agreements, the consumer may borrow in foreign currencies because of a more favourable interest rate during the period concerned as compared with loans denominated in Hungarian forint, in consideration for which he alone bears the risks of a fluctuation of the exchange rate; taking into account, in addition, that the relevant national legislation provides for a detailed written presentation of the risk and not a mere statement of the existence of the risk and its allocation; and since, moreover, according to paragraph 74 of the judgment delivered by the Court of Justice of the European Union in Case C-26/13, the seller or supplier may be required not only to render the risk identifiable for the consumer, but also to ensure that the consumer is able to assess that risk, is it permissible to characterise as fair, in that it is drafted in a clear and understandable manner, having regard to its financial consequences, a term which places the currency risk on the consumer (a term used as a standard contractual term by the seller or supplier and which was not individually negotiated) and which was drafted in fulfilment of a legal obligation to provide information, necessarily of general application, where that term does not contain an express warning indicating (for example explicitly and quantified by a set of data relating to a past period at least as long as that of the consumer’s commitment) the amount of profits foreseeable as regards interest in the event that the BUBOR is applied in the case of loans denominated in Hungarian forints and the LIBOR or the EURIBOR in the case of loans denominated in a foreign currency?