CELEX: 62011CN0571
Language: en
Date: 2011-11-14 00:00:00
Title: Case C-571/11: Reference for a preliminary ruling from the Tribunalul Comercial Cluj (Romania) lodged on 14 November 2011 — SC Volksbank România SA v Andreia Câmpan and Ioan Dan Câmpan

28.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/35
            
         
      Reference for a preliminary ruling from the Tribunalul Comercial Cluj (Romania) lodged on 14 November 2011 — SC Volksbank România SA v Andreia Câmpan and Ioan Dan Câmpan
      (Case C-571/11)
      (2012/C 25/68)
      Language of the case: Romanian
      
         Referring court
      
      Tribunalul Comercial Cluj
      
         Parties to the main proceedings
      
      
         Applicant: SC Volksbank România SA
      
         Defendants: Andreia Câmpan and Ioan Dan Câmpan
      
         Question referred
      
      Having regard to the fact that, in accordance with Article 4(2) of Directive 93/13/EEC, (1) assessment of the unfair nature of contractual terms must relate neither to the definition of the main subject-matter of the contract nor to the adequacy of the price and remuneration, on the one hand, as against the services or goods supplied in exchange, on the other, in so far as these terms are in plain intelligible language,
      and
      given that, under Article 2(2)(a) of Directive 2008/48/EC, (2) the definition provided in Article 3(g) of that directive of ‘the total cost of the credit to the consumer’, which includes all the fees which the consumer is required to pay in connection with the credit agreement, does not apply for the purposes of determining the subject-matter of a credit agreement secured by a mortgage,
      can the concepts of ‘subject-matter’ and/or of ‘price’, as used in Article 4(2) of Directive 93/13/EEC, be interpreted as meaning that a fee referred to by the parties as a ‘risk commission’, which is provided for under a credit agreement secured by a mortgage and which is calculated on the basis of ‘0.22% of the credit balance’ and payable monthly, throughout the entire period of validity of the credit agreement, on pre-determined repayment dates falls within the ‘subject-matter’ and/or ‘price’ of the credit agreement secured by mortgage?
      
         (1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29)
      
         (2)  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008 L 133, p. 66)