Press Release: Advocate General’s Opinion in Case C-26/13. Árpád Kásler and Hajnalka Káslerné Rábai v OTP Jelzálogbank Zrt

According to Advocate General Wahl, contractual terms which provide, in respect of the advancement of a loan in foreign currency, for the use of an exchange rate which differs from that used for the repayment of the loan are not necessarily
exempt from an assessment as to whether they are unfair.

While such terms may, in principle, be considered to be included within the main subject-matter of a loan contract denominated in foreign currency, it is nevertheless for the national court to determine whether the consumers were in a position to understand that they would be subject to additional expense by reason of the difference between the two rates of exchange.