# C_2014175EN.01003201.xml

| 10.6.2014 | EN | Official Journal of the European Union | C 175/32 |
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10.6.2014

EN

Official Journal of the European Union

C 175/32

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Request for a preliminary ruling from the Audiencia Provincial de Castellón (Spain) lodged on 7 April 2014 — Juan Carlos Sánchez Morcillo, María del Carmen Abril García v Banco Bilbao Vizcaya Argentaria, S.A.

(Case C-169/14)

2014/C 175/40

Language of the case: Spanish

Referring court

Referring court

Audiencia Provincial de Castellón

Parties to the main proceedings

Parties to the main proceedings

Applicants: Juan Carlos Sánchez Morcillo, María del Carmen Abril García

Applicants:

Defendant: Banco Bilbao Vizcaya Argentaria, S.A.

Defendant:

Questions referred

Questions referred

| 1. | Is it compatible with Article 7(1) of Directive 93/13/EEC, (1) which imposes on Member States the obligation to ensure that, in the interests of consumers, adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers, for a procedural rule of the kind laid down in Article 695(4) of the Spanish Law on Civil Procedure, applicable to appeals against a decision determining the outcome of an objection to enforcement proceedings in relation to mortgaged or pledged goods, to allow an appeal to be brought only against an order staying the proceedings or disapplying an unfair term and to exclude appeals in other cases, the immediate consequence of which is that whilst the party seeking enforcement may appeal when an objection to enforcement is upheld and the proceedings are brought to an end or an unfair term is disapplied[,] the consumer against whom enforcement is sought may not appeal if his objection is dismissed? |
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1.

Is it compatible with Article 7(1) of Directive 93/13/EEC, (1) which imposes on Member States the obligation to ensure that, in the interests of consumers, adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers, for a procedural rule of the kind laid down in Article 695(4) of the Spanish Law on Civil Procedure, applicable to appeals against a decision determining the outcome of an objection to enforcement proceedings in relation to mortgaged or pledged goods, to allow an appeal to be brought only against an order staying the proceedings or disapplying an unfair term and to exclude appeals in other cases, the immediate consequence of which is that whilst the party seeking enforcement may appeal when an objection to enforcement is upheld and the proceedings are brought to an end or an unfair term is disapplied[,] the consumer against whom enforcement is sought may not appeal if his objection is dismissed?

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| 2. | Within the ambit of the EU legislation on the protection of consumers contained in Directive 93/13/EEC, is it compatible with the principle of the right to an effective remedy and a fair trial in accordance with the principle of equality of arms, affirmed in Article 47 of the Charter of Fundamental Rights of the European Union, (2) for a provision of national law of the kind laid down in Article 695(4) of the Spanish Law on Civil Procedure, applicable to appeals against a decision determining the outcome of an objection to enforcement proceedings in relation to mortgaged or pledged goods, to allow an appeal to be brought only against an order staying the proceedings or disapplying an unfair term and to exclude appeals in other cases, the immediate consequence of which is that whilst the party seeking enforcement may appeal when an objection to enforcement is upheld and the proceedings are brought to an end or an unfair term is disapplied, the party against whom enforcement is sought may not appeal if his objection is dismissed? |
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2.

Within the ambit of the EU legislation on the protection of consumers contained in Directive 93/13/EEC, is it compatible with the principle of the right to an effective remedy and a fair trial in accordance with the principle of equality of arms, affirmed in Article 47 of the Charter of Fundamental Rights of the European Union, (2) for a provision of national law of the kind laid down in Article 695(4) of the Spanish Law on Civil Procedure, applicable to appeals against a decision determining the outcome of an objection to enforcement proceedings in relation to mortgaged or pledged goods, to allow an appeal to be brought only against an order staying the proceedings or disapplying an unfair term and to exclude appeals in other cases, the immediate consequence of which is that whilst the party seeking enforcement may appeal when an objection to enforcement is upheld and the proceedings are brought to an end or an unfair term is disapplied, the party against whom enforcement is sought may not appeal if his objection is dismissed?

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

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(2)  OJ 2000 C 364, p. 1.

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