Reference for a preliminary ruling from the Tribunalul Giurgiu (Romania) lodged on 6 March 2012 — SC Volksbank România S.A. v Comisariatul Județean pentru Protecția Consumatorilor Giurgiu (Case C-123/12)
Grade B
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Not the law itself: Notice
Address https://gelex.eu/eli/EU/notice/oj/C/2012/151/33@2012-03-06/en
Contents
2012/C 151/33Language of the case: Romanian Tribunalul Giurgiu Applicant: SC Volksbank România S.A. Defendant: Comisariatul Județean pentru Protecția Consumatorilor Giurgiu
1. Can Article 4(2) of Council Directive 93/13/EEC be interpreted as meaning that main subject matter of the contract and price, as referred to in that provision, cover the elements which make up the consideration to which a credit institution is entitled by virtue of a consumer credit agreement, that is to say, the annual percentage rate of charge under a credit agreement, formed in particular by the interest rate, whether fixed or variable, bank commissions, and the other fees included and defined in the agreement?
2. Can Article 4(2) of Council Directive 93/13/EEC be interpreted as permitting a Member State which has transposed that provision into national law to allow steps to be taken, in the exercise of judicial power, to check whether contractual terms relating to the main subject matter of the contract and the adequacy of the price are unfair?