Hungarian Yearbook of International Law and European Law

Article

From Kásler to Dunai

A Brief Overview of Recent Decisions of the CJEU in Hungarian Cases Concerning Unfair Terms in Consumer Contracts

Keywords preliminary ruling, consumer protection, unfair terms, Directive 93/13/EEC, consumer loan contract
Authors Miklós Zoltán Fehér
Author's information

364498 Miklós Zoltán Fehér
Head of Department at the Hungarian Ministry of Justice, Agent of the Hungarian Government before the CJEU.
  • Abstract

      The CJEU was recently called upon to interpret Council Directive 93/13/EEC on unfair terms in consumer contracts in relation to consumer loan contracts denominated in a foreign currency and in relation to the legislation adopted by the Hungarian Parliament in 2014 concerning such contracts in several Hungarian preliminary ruling procedures. The decisions of the CJEU, starting with the judgment rendered in case C-26/13, Kásler and Káslerné Rábai, have not only contributed to the ever-evolving case-law relating to Directive 93/13/EEC but also provided national jurisdictions with useful guidance on the interpretation and application of the Directive in the specific area of consumer loan contracts concluded in a foreign currency, an area of prolific litigation before Hungarian courts in recent years. The CJEU also evaluated the Hungarian legislation adopted in 2014 to deal with certain issues relating to such contracts and seemed to approve of its conformity with Directive 93/13/EEC in a series of decisions up until the judgment made in case C-117/18, Dunai. In that judgment, however, the findings of the CJEU may have been based on a misinterpretation of the content of national legislation, leading to a perhaps erroneous conclusion and most certainly prompting a re-emergence of controversies before national courts.

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