Request for a preliminary ruling from the Győri Ítélőtábla (Hungary) lodged on 20 December 2019 — J.Z. v OTP Jelzálogbank Zrt. and Others

(Case C-932/19)

Language of the case: Hungarian

Referring court

Győri Ítélőtábla

Parties to the main proceedings

Applicant: J.Z.

Defendants: OTP Jelzálogbank Zrt., OTP Bank Nyrt., OTP Faktoring Követeléskezelő Zrt.

Question referred

Does Article 6(1) of Council Directive 93/13/EEC ¹ on unfair terms in consumer contracts preclude a rule of national law which, in loan agreements concluded with consumers, states that terms — with the exception of contractual terms which have been individually negotiated — pursuant to which the financial institution stipulates that, for the purpose of paying out the amount of finance granted for the purchase of the subject of the loan or financial leasing, the buying rate is to apply, and that, for the purpose of repayment of the debt, the selling rate, or a different exchange rate from that set when the loan was paid out, is to apply, are to be void, and replaces the void terms with a provision which, in the case of both disbursement and repayment, applies the official exchange rate set by the National Bank of Hungary for the currency in question, without considering whether — in the light of all of the terms in the contract — that provision actually protects the consumer against particularly unfavourable consequences, and also without giving the consumer the opportunity to express a view as to whether he wishes to avail himself of the protection afforded by that legislative provision?

____________

¹ OJ 1993 L 95, p. 29, Special edition in Hungarian Chapter 15 Volume 002 P. 288 — 293.