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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ynos kft
Applicant
Mr Varga
Respondent
Procedural Posture
Preliminary Reference / Preliminary Ruling
Legal Issues
- 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 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 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.
Full Case Text
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