CELEX: 62016CB0535
Language: en
Date: 2017-04-27 00:00:00
Title: Case C-535/16: Order of the Court of 27 April 2017 (reference for a preliminary ruling from the Tribunalul Specializat Mureş (Romania)) — Michael Tibor Bachmann v FAER IFN SA (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Consumer protection — Directive 93/13/EEC — Article 2(b) — Unfair terms in consumer contracts — Notion of ‘consumer’ — Natural person having concluded an agreement for novation with a credit institution in order to meet repayment obligations to that institution in respect of credit obtained by a commercial company)

3.7.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 213/15
            
         Order of the Court of 27 April 2017 (reference for a preliminary ruling from the Tribunalul Specializat Mureş (Romania)) — Michael Tibor Bachmann v FAER IFN SA
   (Case C-535/16) (1)
   
   ((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Consumer protection - Directive 93/13/EEC - Article 2(b) - Unfair terms in consumer contracts - Notion of ‘consumer’ - Natural person having concluded an agreement for novation with a credit institution in order to meet repayment obligations to that institution in respect of credit obtained by a commercial company))
   (2017/C 213/17)
   Language of the case: Romanian
   
      Referring court
   
   Tribunalul Specializat Mureş (Romania)
   
      Parties to the main proceedings
   
   
      Applicant: Michael Tibor Bachmann
   
      Defendant: FAER IFN SA
   
      Operative part of the order
   
   Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that a natural person who, following a novation agreement, has undertaken by contract to repay to a lending institution loans originally granted to a company for purposes inherent in that company’s business activity, where that natural person has no evident link with that company but acted in that way on the basis of his links, outside his trade, business or profession, with the person who controlled that company and also with the person who signed contracts ancillary to the original loan contracts (contracts of guarantee, contracts providing immovable property as security/mortgages).
   
      (1)  OJ C 38, 6.2.2017.