# C_2014085EN.01000302.xml

| 22.3.2014 | EN | Official Journal of the European Union | C 85/3 |
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22.3.2014

EN

Official Journal of the European Union

C 85/3

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Judgment of the Court (First Chamber) of 16 January 2014 (request for a preliminary ruling from the Audiencia Provincial de Oviedo — Spain) — Constructora Principado SA v José Ignacio Menéndez Álvarez

(Case C-226/12) (1)

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(Directive 93/13/EEC - Consumer contracts - Contract for the purchase of immovable property - Unfair terms - Criteria for assessment)

2014/C 85/05

Language of the case: Spanish

Referring court

Referring court

Audiencia Provincial de Oviedo

Parties to the main proceedings

Parties to the main proceedings

Applicant: Constructora Principado SA

Applicant:

Defendant: José Ignacio Menéndez Álvarez

Defendant:

Re:

Re:

Request for a preliminary ruling — Audiencia Provincial de Oviedo — Interpretation of Article 3(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) — Concept of significant imbalance — Criteria to be taken into account.

Operative part of the judgment

Operative part of the judgment

1. Article 3(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that:

| — | the existence of a ‘significant imbalance’ does not necessarily require that the costs charged to the consumer by a contractual term have, as regards that consumer, a significant economic impact having regard to the value of the transaction in question, but can result solely from a sufficiently serious impairment of the legal situation in which that consumer, as a party to the contract, is placed by reason of the relevant national provisions, whether this be in the form of a restriction of the rights which, in accordance with those provisions, he enjoys under that contract, or a constraint on the exercise of those rights, or the imposition on him of an additional obligation not envisaged by the national rules; |
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the existence of a ‘significant imbalance’ does not necessarily require that the costs charged to the consumer by a contractual term have, as regards that consumer, a significant economic impact having regard to the value of the transaction in question, but can result solely from a sufficiently serious impairment of the legal situation in which that consumer, as a party to the contract, is placed by reason of the relevant national provisions, whether this be in the form of a restriction of the rights which, in accordance with those provisions, he enjoys under that contract, or a constraint on the exercise of those rights, or the imposition on him of an additional obligation not envisaged by the national rules;

| — | in assessing whether there is a significant imbalance, it is for the referring court to take into account the nature of the goods or services for which the contract was concluded by referring to all the circumstances attending the conclusion of that contract, as well as all the other terms of the contract. |
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in assessing whether there is a significant imbalance, it is for the referring court to take into account the nature of the goods or services for which the contract was concluded by referring to all the circumstances attending the conclusion of that contract, as well as all the other terms of the contract.

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(1)  OJ C 227, 28.7.2012.

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