# C_2014151EN.01001201.xml

| 19.5.2014 | EN | Official Journal of the European Union | C 151/12 |
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19.5.2014

EN

Official Journal of the European Union

C 151/12

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Request for a preliminary ruling from the Juzgado de Primera Instancia de Miranda de Ebro (Spain) lodged on 24 February 2014 — Banco Grupo Cajatres, S.A. v D. Miguel Ángel Viana Gordejuela

(Case C-90/14)

2014/C 151/15

Language of the case: Spanish

Referring court

Referring court

Juzgado de Primera Instancia de Miranda de Ebro

Parties to the main proceedings

Parties to the main proceedings

Applicant: Banco Grupo Cajatres, S.A.

Applicant:

Defendants: María Mercedes Manjón Pinilla and joint heirs of D. Miguel Ángel Viana Gordejuela

Defendants:

Questions referred

Questions referred

| 1. | Do Articles 6(1) and 7(1) of Council Directive 93/13/EEC (1) preclude a provision, such as the Second Transitional Provision of Law No 1/2013 of 14 May, which provides at all events for a reduction of the default interest rate, regardless of whether the term concerning default interest was originally void because it was unfair? |
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1.

Do Articles 6(1) and 7(1) of Council Directive 93/13/EEC (1) preclude a provision, such as the Second Transitional Provision of Law No 1/2013 of 14 May, which provides at all events for a reduction of the default interest rate, regardless of whether the term concerning default interest was originally void because it was unfair?

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| 2. | Do Articles 3(1), 4(1), 6(1) and 7(1) of Directive 93/13 preclude a provision of national law, such as Article 114 of the Law on Mortgages, which allows the national court, when assessing the unfairness of a term fixing default interest, to examine only whether the agreed interest rate exceeds 3 times the statutory interest rate and no other circumstances? |
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2.

Do Articles 3(1), 4(1), 6(1) and 7(1) of Directive 93/13 preclude a provision of national law, such as Article 114 of the Law on Mortgages, which allows the national court, when assessing the unfairness of a term fixing default interest, to examine only whether the agreed interest rate exceeds 3 times the statutory interest rate and no other circumstances?

| 3. | Do Articles 3(1), 4(1), 6(1) and 7(1) of Directive 93/13 preclude a provision of national law, such as Article 693 LEC, which allows a claim to be made for accelerated repayment of the total amount of the loan on the grounds of failure to pay three monthly instalments, without taking into account other factors such as the duration or amount of the loan or any other relevant matters and which also makes the possibility of avoiding the effects of such accelerated repayment dependent on the will of the creditor except in cases in which the mortgage is secured on the mortgagor’s permanent residence? |
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3.

Do Articles 3(1), 4(1), 6(1) and 7(1) of Directive 93/13 preclude a provision of national law, such as Article 693 LEC, which allows a claim to be made for accelerated repayment of the total amount of the loan on the grounds of failure to pay three monthly instalments, without taking into account other factors such as the duration or amount of the loan or any other relevant matters and which also makes the possibility of avoiding the effects of such accelerated repayment dependent on the will of the creditor except in cases in which the mortgage is secured on the mortgagor’s permanent residence?

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

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