Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 14 September 2023 – AF v Cofidis Magyarországi Fióktelepe
(Case C-565/23, Cofidis Magyarországi Fióktelepe)
Language of the case: Hungarian
Referring court
Fővárosi Törvényszék
Parties to the main proceedings
Applicant: AF
Defendant: Cofidis Magyarországi Fióktelepe
Questions referred
In the event that the invalidity (unfair nature of the information regarding exchange rate risk) affects the main subject matter of the contract and that an unfair term must be disapplied, is a legal provision (Paragraph 37(1) of the DH2 Law) in accordance with Directive 93/13/EEC 1 […] where, without any examination of whether it is possible to perform the contract having been carried out, that provision obliges the consumer, in advance, from the moment in which he or she makes a claim, to seek a declaration of validity or applicability in respect of the contract?
If the court concludes from its examination that it is not possible to perform the contract, is it justified in asking the consumer, in the event of the total invalidity of the contract, to specify whether he or she seeks the restoration of the original situation (C-126/17 and C-472/20) or the application of the rules relating to unjust enrichment (C-520/21) and to provide the corresponding settlement provided for in procedural law?
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1 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).