CELEX: 62014CA0032
Language: en
Date: 2015-10-01 00:00:00
Title: Case C-32/14: Judgment of the Court (Third Chamber) of 1 October 2015 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — ERSTE Bank Hungary Zrt v Attila Sugár (Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts concluded between a seller or supplier and a consumer — Mortgage loan agreement — Article 7(1) — Stopping the use of unfair terms — Adequate and effective means — Acknowledgement of the debt — Notarised instrument — Affixation of the enforcement clause by a notary — Enforceable order — Notary’s obligations — Examination by the national court of its own motion of unfair terms — Judicial review — Principles of equivalence and effectiveness)

16.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 381/4
            
         Judgment of the Court (Third Chamber) of 1 October 2015 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — ERSTE Bank Hungary Zrt v Attila Sugár
   (Case C-32/14) (1)
   
   ((Reference for a preliminary ruling - Directive 93/13/EEC - Unfair terms in consumer contracts concluded between a seller or supplier and a consumer - Mortgage loan agreement - Article 7(1) - Stopping the use of unfair terms - Adequate and effective means - Acknowledgement of the debt - Notarised instrument - Affixation of the enforcement clause by a notary - Enforceable order - Notary’s obligations - Examination by the national court of its own motion of unfair terms - Judicial review - Principles of equivalence and effectiveness))
   (2015/C 381/04)
   Language of the case: Hungarian
   
      Referring court
   
   Fővárosi Törvényszék
   
      Parties to the main proceedings
   
   
      Applicant: ERSTE Bank Hungary Zrt
   
      Defendant: Attila Sugár
   
      Operative part of the judgment
   
   Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that they do not preclude national legislation, such as that at issue in the main proceedings, which allows a notary who drew up, in due form, an authentic instrument concerning a contract concluded between a seller or supplier and a consumer, to affix the enforcement clause to that instrument or to refuse to cancel it when no review of the unfairness of the contractual terms has been performed at any stage.
   
      (1)  OJ C 102, 7.4.2014.