Ynos KFT (Environment & consumers) [2006] EUECJ C-302/04 (10 January 2006)

Ynos KFT (Environment & consumers) [2006] EUECJ C-302/04 (10 January 2006)

The Court of Justice does not have jurisdiction to interpret Directive 93/13/EEC in disputes where the facts occurred prior to the accession of the Member State to the European Union.

Source-derived case information.

Citation
[2006] EUECJ C-302/04
Parties
Applicant: Ynos kft; Respondent: Mr Varga
Jurisdiction
European Union
Judgment Date
10 January 2006
Procedural Posture
Preliminary Reference / Preliminary Ruling
Outcome
Court of Justice lacks jurisdiction to answer the referred questions.
Legal Topics
Unfair Contract Terms, Jurisdiction of the Court of Justice, Interpretation of Directive 93/13/eec
European Union Law Consumer Protection Unfair Contract Terms Jurisdiction of the Court of Justice Interpretation of Directive 93/13/eec

Source-derived case record

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Parties

Ynos kft

Applicant

Mr Varga

Respondent

Procedural Posture

Preliminary Reference / Preliminary Ruling

  1. 1 Whether Article 6(1) of Directive 93/13/EEC can be interpreted as the basis for a national provision like Article 209(1) of the Hungarian Civil Code
  2. 2 Whether the validity of a contract as a whole is affected if unfair terms are not binding and the contract can continue without them
  3. 3 Whether the timing of Hungary's accession to the EU affects the Court's jurisdiction

Ratio Decidendi

The Court of Justice does not have jurisdiction to interpret Directive 93/13/EEC in disputes where the facts occurred prior to the accession of the Member State to the European Union.

Court Disposition

Court of Justice lacks jurisdiction to answer the referred questions.

Orders

  • The Court of Justice does not have jurisdiction to answer the first and second questions in circumstances where the facts occurred prior to the accession of a State to the European Union.