CELEX: 62011CN0472
Language: en
Date: 2011-09-16 00:00:00
Title: Case C-472/11: Reference for a preliminary ruling from the Fővárosi Bíróság (Hungary) lodged on 16 September 2011 — Banif Plus Bank Zrt. v Csaba Csipai and Viktória Csipai

17.12.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 370/16
            
         Reference for a preliminary ruling from the Fővárosi Bíróság (Hungary) lodged on 16 September 2011 — Banif Plus Bank Zrt. v Csaba Csipai and Viktória Csipai
   (Case C-472/11)
   2011/C 370/26
   Language of the case: Hungarian
   
      Referring court
   
   Fővárosi Bíróság
   
      Parties to the main proceedings
   
   
      Applicant: Banif Plus Bank Zrt.
   
      Defendant: Csaba Csipai, Viktória Csipai
   
      Questions referred
   
   
               1.
            
            
               Are the procedures of a national court consistent with Article 7(1) of Directive 93/13/EEC (1) if, where a contract term is held to be unfair, and the parties did not submit a claim to that effect, the court informs them that it holds sentence 4 of clause 29 of the standard contract terms of the loan agreement between the parties to the proceedings to be invalid? That invalidity arises from breach of the legislation, namely Paragraph 1(1)(c) and (2)(j) of Government Decree 18/1999 on Unfair Contract Terms.
            
         
               2.
            
            
               In the circumstances of the first question, is it permissible for the court to direct the parties to the proceedings to make a statement in relation to the contract term in question, so that the legal implications of any unfairness may be established and so that the aims expressed in Article 6(1) of Directive 93/13/EEC may be achieved?
            
         
               3.
            
            
               In the circumstances described above, is it permissible for the court, when examining an unfair contract term, to examine all the terms of the contract, or may it examine only the terms on which the party concluding the contract with the consumer bases his claim?
            
         
      (1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).