Reference for a preliminary ruling from the Tribunalul Comercial Cluj (Romania) lodged on 14 November 2011 — SC Volksbank România SA v Andreia Câmpan and Ioan Dan Câmpan

(Case C-571/11)

(2012/C 25/68)

Language of the case: Romanian

Referring court

Tribunalul Comercial Cluj

Parties to the main proceedings

Applicant: SC Volksbank România SA

Defendants: Andreia Câmpan and Ioan Dan Câmpan

Question referred

Having regard to the fact that, in accordance with Article 4(2) of Directive 93/13/EEC, (1) assessment of the unfair nature of contractual terms must relate neither to the definition of the main subject-matter of the contract nor to the adequacy of the price and remuneration, on the one hand, as against the services or goods supplied in exchange, on the other, in so far as these terms are in plain intelligible language,

and

given that, under Article 2(2)(a) of Directive 2008/48/EC, (2) the definition provided in Article 3(g) of that directive of ‘the total cost of the credit to the consumer’, which includes all the fees which the consumer is required to pay in connection with the credit agreement, does not apply for the purposes of determining the subject-matter of a credit agreement secured by a mortgage,

can the concepts of ‘subject-matter’ and/or of ‘price’, as used in Article 4(2) of Directive 93/13/EEC, be interpreted as meaning that a fee referred to by the parties as a ‘risk commission’, which is provided for under a credit agreement secured by a mortgage and which is calculated on the basis of ‘0.22% of the credit balance’ and payable monthly, throughout the entire period of validity of the credit agreement, on pre-determined repayment dates falls within the ‘subject-matter’ and/or ‘price’ of the credit agreement secured by mortgage?

(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29)

(2)  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008 L 133, p. 66)