CELEX: 62013CN0143
Language: en
Date: 2013-03-20 00:00:00
Title: Case C-143/13: Request for a preliminary ruling from the Tribunalul Specializat Cluj (Romania) lodged on 20 March 2013 — Bogdan Matei, Ioana Ofelia Matei v SC Volksbank România SA

15.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/15
            
         Request for a preliminary ruling from the Tribunalul Specializat Cluj (Romania) lodged on 20 March 2013 — Bogdan Matei, Ioana Ofelia Matei v SC Volksbank România SA
   (Case C-143/13)
   2013/C 171/29
   Language of the case: Romanian
   
      Referring court
   
   Tribunalul Specializat Cluj
   
      Parties to the main proceedings
   
   
      Applicants: Bogdan Matei, Ioana Ofelia Matei
   
      Defendant: SC Volksbank România SA
   
      Questions referred
   
   Having regard to the fact that, in accordance with Article 4(2) of Directive 93/13/EEC, (1) the assessment of the unfair nature of contractual terms must relate neither to the definition of the main subject-matter of the contract nor to the adequacy of the price and remuneration, on the one hand, as against the services or goods supplied in exchange, on the other, in so far as these terms are in plain intelligible language;
   and
   given that, under Article 2(1)(a) of Directive 2008/48/EC, (2) the definition provided in Article 3(g) of that directive of the total cost of the credit to the consumer, which includes all the fees which the consumer is required to pay in connection with the credit agreement, does not apply for the purposes of determining the subject-matter of a credit agreement secured by a mortgage;
   Then:
   can the concepts of ‘subject-matter’ and/or of ‘price’ referred to in Article 4(2) of Directive 93/13/EEC be interpreted as meaning that such terms — namely the ‘subject-matter’ and/or the ‘price’ of a credit agreement secured by a mortgage — also cover, among the elements which make up the consideration owed to the credit institution, the annual percentage rate of such a credit agreement secured by a mortgage, which is in particular made up of: the interest rate, whether fixed or variable; bank charges; and other costs included and defined in the credit agreement?
   
      (1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).
   
      (2)  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008 L 133, p. 66).