Tribunal de Justicia de la Unión Europea

Fecha: 02-Abr-1993

Language of the case: Polish Referring court Sąd Najwyższy Parties to the main proceedings Appellants: BM, DM and EN Respondent: Getin Noble Bank SA Questions referred Must Article2, Article4(3), Article6(1) and (3) and the second subparagraph of Article19(1) of the Treaty on European Union (‘TEU’) in conjunction with the first and second paragraph...

Fecha: 01-Abr-1993

Language of the case: Bulgarian Referring court Sofiyski rayonen sad Parties to the main proceedings Applicant: Profi Credit Bulgaria EOOD Defendant: T.I.T. Questions referred Must Article6(1) of Directive 93/13/EEC1 be interpreted as requiring the court, in proceedings to which the debtor is not party until the issuance of a court order for paymen...

Fecha: 01-Abr-1993

Language of the case: French Referring court Justice de paix de Schaerbeek Parties to the main proceedings Applicant: Société nationale de chemins de fer belges (SNCB) Defendant: Gherasim Sorin Rusu Question referred Do Council Directive 93/13/EC on terms in consumer contracts1 and Regulation No1371/2007 of the European Parliament and of the Counci...

Fecha: 01-Abr-1993

Language of the case: Romanian Referring court Tribunalul București Parties to the main proceedings Appellants: TU and SU Respondents: BRD Groupe Société Générale S.A. and Next Capital Solutions Limited Question referred Does Directive 93/13/EEC1 preclude a rule of national law, such as that resulting from Article712 et seq. of Chapter VI of the Co...

Fecha: 01-Abr-1993

Language of the case: Spanish Referring court Juzgado de Primera Instancia No17 de Palma de Mallorca Parties to the main proceedings Applicant: CY Defendant: Caixabank, S.A. Questions referred The Court of Justice is asked whether, in the light of Article6(1) of Directive 93/13,1 a clause declared invalid on grounds of unfairness which attributes t...

Fecha: 01-Abr-1993

Language of the case: Dutch Referring court Gerechtshof te Amsterdam Parties to the main proceedings Applicant: Dexia Nederland BV Defendant: XXX Question referred Should Directive 93/131 be interpreted as meaning that a contractual term, from the point of view of the criteria laid down in that directive, should already be regarded as unfair if tha...

Fecha: 01-Abr-1993

Language of the case: Spanish Referring court Juzgado de Primera Instancia n.º 7 de Orense Parties to the main proceedings Applicant: UP Defendant: Banco Pastor, S.A.U. Questions referred Must the non-binding effect laid down in Article6(1) of Directive 93/131 be interpreted as precluding the validity of an agreement amending an unfair term conclud...

Fecha: 01-Abr-1993

Language of the case: Romanian Referring court Curtea de Apel Cluj Parties to the main proceedings Appellant: Banca B.SA Respondent: A.A.A. Questions referred Must Article6(1) of Directive 93/13/EEC1 be interpreted as meaning that, after a term establishing the mechanism for determining the variable rate of interest by the formula ‘fixed margin and...

Fecha: 01-Abr-1993

Fecha: 06-Abr-1993

(Reference for a preliminary ruling– Article53(2) and Article99 of the Rules of Procedure of the Court of Justice– Consumer protection– Directive 93/13/EEC– Mortgage loan agreement– Unfair terms– Term limiting the variability of the interest rate (so-called ‘floor’ clause)– Novation agreement– Waiver of legal action against the terms of the contrac...

Fecha: 01-Abr-1993

In the judgment in Lintner (C‑511/17), delivered on 11March 2020, the Court addressed the scope of the obligations on a national court, first, to examine of its own motion whether the contractual terms of a loan agreement denominated in a foreign currency concluded between a consumer and a seller or supplier are unfair and, second, to take ex offic...

Fecha: 01-Abr-1993

In the judgment Pouvin and Dijoux (C‑590/17), delivered on 21March 2019, the Court ruled on the interpretation of the concepts of ‘consumer’ and ‘seller or supplier’, as defined by Directive 93/13, in the context of a request for payment of outstanding sums owed in the context of a mortgage loan granted by a company to its employee and his spouse, ...

Fecha: 05-Abr-1993

32.The referring court holds that the fact that Article1578 of the Civil Code is not a mandatory provision, and cannot therefore be regarded as ‘mandatory’ within the meaning of Article1(2) of Directive 93/13, is particularly problematic here, referring in that context to ambiguities in the Romanian version of the directive: whereas the German ver...

Fecha: 01-Abr-1993

(Reference for a preliminary ruling— Consumer protection— Directive 93/13/EEC— Articles6 and 7— Unfair terms in consumer contracts— Accelerated repayment clause of a mortgage loan contract— Declaration that the clause is unfair in part— Powers of the national court when dealing with a term regarded as ‘unfair’— Replacement of the unfair term with a...