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9.12.2019 |
EN |
Official Journal of the European Union |
C 413/35 |
Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 10 October 2019 — PH, OI v ‘Eurobank Bulgaria’ AD
(Case C-745/19)
(2019/C 413/42)
Language of the case: Bulgarian
Referring court
Sofiyski rayonen sad
Parties to the main proceedings
Applicants: PH, OI
Defendant:‘Eurobank Bulgaria’ AD
Questions referred
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1. |
If it is shown that a term allowing the creditor to unilaterally change the interest rate on a loan agreement concluded between a seller or supplier and a consumer is unfair, can the national court assume that the interest rate payable under the agreement is fixed (despite any provision to the contrary in the initial agreement) in the amount set as at the date the loan was granted? |
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2. |
If the answer to the first question is in the negative, is the national court allowed to award any interest at all where there is an unfair term that fails to set the variable interest rate on the agreement in a fair manner? |
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3. |
What effect does the fact that, in the course of repayment of the loan, the consumer has agreed to the application of a methodology for setting the interest rate that does not contain any unfair terms, have on the answer to the first two questions? |