CELEX: 62015CB0534
Language: en
Date: 2016-09-14 00:00:00
Title: Case C-534/15: Order of the Court (Tenth Chamber) of 14 September 2016 (request for a preliminary ruling from the Judecătoria Satu Mare — Romania) — Pavel Dumitraș, Mioara Dumitraș v BRD Groupe Société Générale — Sucursala Judeţeană Satu Mare (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms — Article 1(1) — Article 2(b) — Status of consumer — Assignment of a debt by novation of loan agreements — Contracts providing immovable property as security entered into by individuals not having any professional relationship with the new debtor company)

5.12.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 454/11
            
         
      Order of the Court (Tenth Chamber) of 14 September 2016 (request for a preliminary ruling from the Judecătoria Satu Mare — Romania) — Pavel Dumitraș, Mioara Dumitraș v BRD Groupe Société Générale — Sucursala Judeţeană Satu Mare
      (Case C-534/15) (1)
      
      ((Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms - Article 1(1) - Article 2(b) - Status of consumer - Assignment of a debt by novation of loan agreements - Contracts providing immovable property as security entered into by individuals not having any professional relationship with the new debtor company))
      (2016/C 454/22)
      Language of the case: Romanian
      
         Referring court
      
      Judecătoria Satu Mare
      
         Parties to the main proceedings
      
      
         Applicants: Pavel Dumitraș, Mioara Dumitraș
      
         Defendant: BRD Groupe Société Générale — Sucursala Judeţeană Satu Mare
      
         Operative part of the order
      
      Articles 1(1) and 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that that directive applies to a contract providing immovable property as security concluded between natural persons and a credit institution in order to guarantee the obligations that a commercial company has undertaken with respect to that credit institution for a credit agreement, where those natural persons have acted for purposes which are outside their trade, business or profession and have no functional links with that company, which is for the referring court to determine.
      
         (1)  OJ C 16, 18.1.2016.