CELEX: 62017CN0511
Language: en
Date: 2017-08-21 00:00:00
Title: Case C-511/17: Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 21 August 2017 — Lintner Györgyné v UniCredit Bank Hungary

27.11.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 402/11
            
         Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 21 August 2017 — Lintner Györgyné v UniCredit Bank Hungary
   (Case C-511/17)
   (2017/C 402/12)
   Language of the case: Hungarian
   
      Referring court
   
   Fővárosi Törvényszék
   
      Parties to the main proceedings
   
   
      Applicant: Lintner Györgyné
   
      Defendant: UniCredit Bank Hungary
   
      Questions referred
   
   
            
               1.
            
            
               Must Article 6(1) of the Unfair Terms Directive (1) — having regard also to the national legislation requiring legal representation — be interpreted as meaning that it is necessary to examine each of the clauses of a contract individually in the light of whether it may be regarded as unfair, irrespective of whether an examination of all the terms of the contract is actually necessary in order to rule on the claim made in the action?
            
         
            
               2.
            
            
               If not, is it necessary, contrary to the suggestion in question 1, to interpret Article 6(1) of the Unfair Terms Directive as meaning that, in order to find that the clause on which the claim is based is unfair, all the other terms of the contract must also be examined?
            
         
            
               3.
            
            
               If the answer to question 2 is affirmative, does that mean that it is in order to be able to establish that the clause at issue is unfair that it is necessary to examine the entire contract, that is to say that it is not necessary to examine each part of the contract individually for unfairness, independently of the clause disputed in the action?
            
         
      (1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).