# C_2012379EN.01001302.xml

| 8.12.2012 | EN | Official Journal of the European Union | C 379/13 |
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8.12.2012

EN

Official Journal of the European Union

C 379/13

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Reference for a preliminary ruling from the Audiencia Provincial de Salamanca (Spain) lodged on 11 September 2012 — Asociación de Consumidores Independientes de Castilla y León

(Case C-413/12)

2012/C 379/22

Language of the case: Spanish

Referring court

Referring court

Audiencia Provincial de Salamanca

Parties to the main proceedings

Parties to the main proceedings

Appellant: Asociación de Consumidores Independientes de Castilla y León

Appellant:

Questions referred

Questions referred

| 1. | Does the protection afforded to the consumer under Council Directive 93/13/EEC (1) on unfair terms in consumer contracts allow the Audiencia Provincial, as a national court of appeal, to hear and determine, in spite of the absence of any relevant domestic legal rule, the appeal brought against the decision of the court of first instance assigning to a court of the place where the defendant has its address territorial jurisdiction to hear and determine the action for an injunction brought by a consumer association of restricted territorial scope, which is not associated or federated with other associations and which has a small budget and a small number of members? |
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1.

Does the protection afforded to the consumer under Council Directive 93/13/EEC (1) on unfair terms in consumer contracts allow the Audiencia Provincial, as a national court of appeal, to hear and determine, in spite of the absence of any relevant domestic legal rule, the appeal brought against the decision of the court of first instance assigning to a court of the place where the defendant has its address territorial jurisdiction to hear and determine the action for an injunction brought by a consumer association of restricted territorial scope, which is not associated or federated with other associations and which has a small budget and a small number of members?

1

| 2. | Must Articles 4, 12, 114 and 169 of the Treaty and Article 38 of the Charter of Fundamental Rights of the European Union, read in conjunction with Directive 93/13 and the case-law of the Court of Justice relating to the high level of protection of the interests of consumers, as well as to the practical effect of directives and the principles of equivalence and effectiveness, be interpreted as meaning that the court of the place where that association has its address, and not the court of the place where the defendant has its address, is to have territorial jurisdiction to hear and determine an action for an injunction against the use of unfair terms, to protect the collective or general interests of consumers and users, brought by a consumer association with restricted territorial scope, which is not associated or federated with other associations and which has a small budget and a small number of members? |
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2.

Must Articles 4, 12, 114 and 169 of the Treaty and Article 38 of the Charter of Fundamental Rights of the European Union, read in conjunction with Directive 93/13 and the case-law of the Court of Justice relating to the high level of protection of the interests of consumers, as well as to the practical effect of directives and the principles of equivalence and effectiveness, be interpreted as meaning that the court of the place where that association has its address, and not the court of the place where the defendant has its address, is to have territorial jurisdiction to hear and determine an action for an injunction against the use of unfair terms, to protect the collective or general interests of consumers and users, brought by a consumer association with restricted territorial scope, which is not associated or federated with other associations and which has a small budget and a small number of members?

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(1)  5 April 1993

1

OJ L 95, p. 29.

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