CELEX: 62015CB0074
Language: en
Date: 2015-11-19 00:00:00
Title: Case C-74/15: Order of the Court of 19 November 2015 (request for a preliminary ruling from the Curtea de Apel Oradea — Romania) — Dumitru Tarcău, Ileana Tarcău v Banca Comercială Intesa Sanpaolo România SA and Others (Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Consumer protection — Directive 93/13/EEC — Article 1(1) and Article 2(b) — Unfair terms in consumer contracts — Guarantee contracts and contracts providing immovable property as security concluded with a credit institution by natural persons acting for purposes outside their trade, business or profession and having no connection of a functional nature with the commercial company for which they act as guarantor)

1.2.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/17
            
         Order of the Court of 19 November 2015 (request for a preliminary ruling from the Curtea de Apel Oradea — Romania) — Dumitru Tarcău, Ileana Tarcău v Banca Comercială Intesa Sanpaolo România SA and Others
   (Case C-74/15) (1)
   
   ((Request for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Consumer protection - Directive 93/13/EEC - Article 1(1) and Article 2(b) - Unfair terms in consumer contracts - Guarantee contracts and contracts providing immovable property as security concluded with a credit institution by natural persons acting for purposes outside their trade, business or profession and having no connection of a functional nature with the commercial company for which they act as guarantor))
   (2016/C 038/25)
   Language of the case: Romanian
   
      Referring court
   
   Curtea de Apel Oradea
   
      Parties to the main proceedings
   
   
      Applicants: Dumitru Tarcău, Ileana Tarcău
   
      Defendants: Banca Comercială Intesa Sanpaolo România SA Arad, Banca Comercială Intesa Sanpaolo România SA — Sucursala Baia Mare, Cristian Tarcău, Corina Tarcău, SC Magenta, in liquidation, SC Crisco SRL
   
      Operative part of the order
   
   Article 1(1) and Article 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 may apply to a contract providing immovable property as security or to a guarantee contract concluded between a natural person and a credit institution in order to guarantee the obligations which a commercial company has entered into with that institution in the context of a credit agreement, where that natural person has acted for purposes outside their trade, business or profession and has no connection in terms of function with that company.
   
      (1)  OJ C 171, 26.5.2015.