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Judicial review of “core terms” in consumer contracts: defining the limits

Judicial review of “core terms” in consumer contracts: defining the limits ERCL 2015; 11(2): 152­176 EU Case Law Matteo Dellacasa Judgement of the Court (Fourth Chamber) 30 April 2014, Árpád Kásler, Hajnalka Káslerné, Rábai v OTP Jezálogbank Zrt (C-26/13) DOI 10.1515/ercl-2015-0009 The court, concerning the questions referred for a preliminary ruling by the Hungarian Kúria (decision of 15 January 2013), hereby rules: 1. Article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that: the expression the `main subject matter of a contract' covers a term, incorporated in a loan agreement denominated in foreign currency concluded between a seller or supplier and a consumer and not individually negotiated, such as that at issue in the main proceedings, pursuant to which the selling rate of exchange of that currency is applied for the purpose of calculating the repayment instalments for the loan, only in so far as it is found, which it is for the national court to ascertain having regard to the nature, general scheme and stipulations of the contract and its legal and factual context, that that term lays down an essential obligation of that agreement which, as such characterises it; such a term, in so far http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Review of Contract Law de Gruyter

Judicial review of “core terms” in consumer contracts: defining the limits

Dellacasa, Matteo
European Review of Contract Law , Volume 11 (2) – Jun 1, 2015
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Publisher
de Gruyter
Copyright
Copyright © 2015 by the
ISSN
1614-9920
eISSN
1614-9939
DOI
10.1515/ercl-2015-0009
Publisher site
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Abstract

ERCL 2015; 11(2): 152­176 EU Case Law Matteo Dellacasa Judgement of the Court (Fourth Chamber) 30 April 2014, Árpád Kásler, Hajnalka Káslerné, Rábai v OTP Jezálogbank Zrt (C-26/13) DOI 10.1515/ercl-2015-0009 The court, concerning the questions referred for a preliminary ruling by the Hungarian Kúria (decision of 15 January 2013), hereby rules: 1. Article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that: the expression the `main subject matter of a contract' covers a term, incorporated in a loan agreement denominated in foreign currency concluded between a seller or supplier and a consumer and not individually negotiated, such as that at issue in the main proceedings, pursuant to which the selling rate of exchange of that currency is applied for the purpose of calculating the repayment instalments for the loan, only in so far as it is found, which it is for the national court to ascertain having regard to the nature, general scheme and stipulations of the contract and its legal and factual context, that that term lays down an essential obligation of that agreement which, as such characterises it; such a term, in so far

Journal

European Review of Contract Law – de Gruyter

Published: Jun 1, 2015

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