CELEX: 62018CN0698
Language: en
Date: 2018-11-07 00:00:00
Title: Case C-698/18: Request for a preliminary ruling from the Tribunalul Specializat Mureș (Romania) lodged on 7 November 2018 — SC Raiffeisen Bank SA v JB

11.2.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 54/4
            
         
      Request for a preliminary ruling from the Tribunalul Specializat Mureș (Romania) lodged on 7 November 2018 — SC Raiffeisen Bank SA v JB
      (Case C-698/18)
      (2019/C 54/06)
      Language of the case: Romanian
      
         Referring court
      
      Tribunalul Specializat Mureș
      
         Parties to the main proceedings
      
      
         Applicant: SC Raiffeisen Bank SA
      
         Defendant: JB
      
         Questions referred
      
      
                  1.
               
               
                  Do the provisions of Council Directive 93/13/EEC on unfair terms in consumer contracts, (1) in particular the 12th, 21st and 23rd recitals and Articles 2(b), 6(1), 7(2) and 8 thereof, permit, in accordance with the principle of procedural autonomy and the principle of equivalence and effectiveness, a set of means of legal recourse that consists in an ordinary legal action, not subject to any limitation period, to establish the unfairness of certain terms in a consumer contract and an ordinary legal action of a personal and pecuniary nature that is subject to a limitation period, which is used in pursuit of the directive’s aim of eliminating the effects of all obligations arising and performed under clauses which are found to be unfair to consumers?
               
            
                  2.
               
               
                  In the event that the first question is answered in the affirmative, do those same provisions preclude an interpretation, derived from application of the principle of the certainty of civil-law legal relationships, according to which the objective point in time by which the consumer must have known or should have known of the existence of the unfair terms is the time at which the loan agreement with that consumer came to an end?
               
            
         (1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).