Request for a preliminary ruling from the Budapest Környéki Törvényszék (Hungary) lodged on 16 October 2023 – YG and NI v AXA Bank Europe SA and Others

(Case C-628/23, Axa Bank Europe and Others)

Language of the case: Hungarian

Referring court

Budapest Környéki Törvényszék

Parties to the main proceedings

Applicants: YG, NI

Defendants: AXA Bank Europe SA, OTP Bank Nyrt., OTP Faktoring Követeléskezelő Zrt.

Questions referred

Is it consistent with the concept of ‘seller or supplier’ as defined in Article 2(c) of Council Directive 93/13/EEC ¹ on unfair terms in consumer contracts to interpret that concept as meaning that:

(a)    it refers only to the original contracting party that introduced the unfair contract term; or

(b)    it should also be deemed to cover a new seller or supplier that has been subrogated to the contract by means of an assignment of the contract (by subjective novation) and that, although it did not introduce the unfair term, gains benefit from the financial and economic effects of the contract following subrogation to that contract; or

(c)    as a result of the subjective novation, only the current seller or supplier should be understood as such, irrespective of which party occupied the position of seller or supplier as the original contracting party?

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¹ OJ 1993 L 95, p. 29.