on the interpretation of the judgment of the Court of Justice of the European Union in Case C-630/23
On the basis of joint motions for a preliminary ruling submitted by Panel No. P.VI of the Curia, the Curia’s Uniformity Complaint Panel has issued the following uniformity decision:
- If a foreign-currency-denominated loan agreement or a foreign-currency-denominated financial leasing agreement concluded with a consumer is declared invalid in its entirety due to the unfair nature of its term on the exchange rate risk, it shall not be possible to declare the contract valid pursuant to Section 37 (1) of Act XL of 2014 on the Rules of Settlement of Act XXXVIII of 2014 on the Resolution of Questions Relating to the Uniformity Decision of the Curia Regarding the Consumer Loan Agreements of Financial Institutions and on Certain Other Provisions, unless the consumer requests it after having been duly informed.
- The Curia’s Adjudicating Panel No. P.VI may depart from Decisions nos. Gfv.30.205/2023/2, Gfv.30.206/2023/2, Gfv.30.313/2022/9, Gfv.30.405/2023/5, Pfv.20.955/2020/19 and Gfv.30.212/2018/15, which have been published in the Collection of Court Decisions, and from other decisions with identical content. These decisions may no longer be invoked as binding.