# C_2016048EN.01001701.xml

| 8.2.2016 | EN | Official Journal of the European Union | C 48/17 |
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8.2.2016

EN

Official Journal of the European Union

C 48/17

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Request for a preliminary ruling from the Juzgado de Primera Instancia No 5 de Alcobendas (Spain) lodged on 20 November 2015 — Ibercaja Banco S.A.U. v José Cortés González

(Case C-613/15)

(2016/C 048/23)

Language of the case: Spanish

Referring court

Referring court

Juzgado de Primera Instancia No 5 de Alcobendas

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ibercaja Banco S.A.U.

Applicant:

Defendant: José Cortés González

Defendant:

Questions referred

Questions referred

| 1. | Do Articles 3(1), 4(1), 6(1) and 7(1) of Directive 93/13/EEC of 5 April 1993 (1) preclude a provision of national law, such as Article 114 of the Law on Mortgages, under which the national court, when assessing the unfairness of a term fixing default interest, may examine only whether the agreed interest rate exceeds three times the statutory interest rate and may take account of no other circumstances? |
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1.

Do Articles 3(1), 4(1), 6(1) and 7(1) of Directive 93/13/EEC of 5 April 1993 (1) preclude a provision of national law, such as Article 114 of the Law on Mortgages, under which the national court, when assessing the unfairness of a term fixing default interest, may examine only whether the agreed interest rate exceeds three times the statutory interest rate and may take account of no other circumstances?

1

| 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 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 account being taken of 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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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 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 account being taken of 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?

| 3. | Is the Fourth Transitional Provision of Law 1/1203 contrary to the line of decided cases following Cofidis? (2) |
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3.

Is the Fourth Transitional Provision of Law 1/1203 contrary to the line of decided cases following Cofidis? (2)

Cofidis

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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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(2)  Case C-473/00 EU:C:2002:705.

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