CELEX: 62014CN0032
Language: en
Date: 2014-01-23 00:00:00
Title: Case C-32/14: Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 23 January 2014 — ERSTE Bank Hungary Zrt. v Attila Sugár

7.4.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 102/16
            
         Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 23 January 2014 — ERSTE Bank Hungary Zrt. v Attila Sugár
   (Case C-32/14)
   2014/C 102/22
   Language of the case: Hungarian
   
      Referring court
   
   Fővárosi Törvényszék
   
      Parties to the main proceedings
   
   
      Applicant: ERSTE Bank Hungary Zrt.
   
      Defendant: Attila Sugár
   
      Questions referred
   
   
               1.
            
            
               Does a procedure of a Member State comply with Article 7(1) of Directive 93/13/EEC (1) if, under that procedure, in the event of a breach by the consumer of an obligation contained in a document in due form drawn up by a notary, the other party to the contract avoids inter partes proceedings before a court and asserts its claim to the amount it indicates by issuing what is known as an enforcement clause, without any examination being possible of the unfairness of a term of the underlying contract?
            
         
               2.
            
            
               In such a procedure may the consumer request the annulment of the enforcement clause already issued on the basis that there was no examination of the unfairness of a term of the underlying contract, whereas, according to the judgment in Case C-472/11, in court proceedings the court must inform the consumer if it finds that a term is unfair?
            
         
      (1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts; OJ 1993 L 95, p. 29.