Tribunal de Justicia de la Unión Europea

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: 02-Dic-1993

(Reference for a preliminary ruling from the tribunal de grande instance de Paris) (Direct taxation – Free movement of capital – Article 64 TFEU – Legal persons established in a non-Member State – Ownership of immovable property located in a Member State – Tax on the market value of that property – Refusal of exemption – Assessment with regard to o...

Fecha: 08-Dic-1993

(Reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division (Freedom of establishment – Free movement of capital – Directive 90/435/EEC – Corporation tax – Payment of dividends – Prevention or mitigation of a series of charges to tax – Exemption – Dividends received from companies resident in another M...

Fecha: 04-Nov-1993

(Working time – Minimum daily and weekly rest periods – Guidelines issued by a national authority according to which employers are not required to ensure that rest periods are actually observed – Maximum limits of weekly and night working time – Inapplicability of a derogation under Article 17(1) of Directive 93/104/EC to part only of working time)...

Fecha: 01-Abr-1993

Fecha: 02-Dic-1993

(Reference for a preliminary ruling from the Oberster Gerichtshof) (Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons – Article 25 of Annex I to the Agreement – Articles 63 TFEU and 64(1) TFEU – Free movement of capital – Company establish...

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: 06-Ene-1993

(Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven (Netherlands)) (Freedom to provide services— Regulation (EEC) No3577/92— Concept of ‘maritime cabotage’— Applicability— Transport of passengers between the Dutch mainland and certain islands in the Dutch part of the Wadden Sea— AnnexI to Directive 2006/87/EC— Artic...

Fecha: 15-Feb-1993

Request for a preliminary ruling— Inadmissibility Questions referred for a preliminary ruling— Admissibility— Questions referred without sufficient information on the factual and legislative context — Manifest inadmissibility (Art. 267 TFEU) (see paras 10-13, 23) Re: Request for a preliminary ruling— Rechtbank te Rotterdam— Netherlands— Interpretat...

Fecha: 03-May-1993

(Request for a preliminary ruling from the Fővárosi Ítélőtábla (Budapest Regional Court of Appeal, Hungary)) (Reference for a preliminary ruling— Consumer protection— Unfair terms— Directive 93/13/EEC— Scope— Clause reflecting the law— Annex— Legal weight— Article3(1)— Assessment of the unfairness of a term— Impression conveyed by a clause to the a...

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: 07-Nov-1993

Fecha: 16-Oct-1993

(References for a preliminary ruling from the Verwaltungsgericht Aachen (Germany)) (Freedom of movement for students – Conditions for the grant of aid to study in other Member States – Prior attendance, for at least one year, at a German establishment – Permanent residence at border locations) I–Introduction 1.According to a Latin American jurist, ...

Fecha: 01-Sep-1993

(References for a preliminary ruling from the hof van beroep te Brussel (Belgium)) (Approximation of laws – Copyright and related rights – Directive 93/83/EEC – Satellite broadcasting – Exclusive right of the author to authorise communication of his works – Act of communication to the public by satellite – Broadcasting organisation – Provider of pa...

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...