# C_2013038EN.01001102.xml

| 9.2.2013 | EN | Official Journal of the European Union | C 38/11 |
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9.2.2013

EN

Official Journal of the European Union

C 38/11

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Request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 1 de Catarroja (Spain) lodged on 26 November 2012 — Banco Popular Español S.A. v Maria Teodolinda Rivas Quichimbo and Wilmar Edgar Cun Pérez

(Case C-537/12)

2013/C 38/14

Language of the case: Spanish

Referring court

Referring court

Juzgado de Primera Instancia e Instrucción No 1 de Catarroja

Parties to the main proceedings

Parties to the main proceedings

Applicant: Banco Popular Español S.A.

Applicant:

Defendants: Maria Teodolinda Rivas Quichimbo and Wilmar Edgar Cun Pérez

Defendants:

Questions referred

Questions referred

| 1. | (Must) Directive 93/13/EEC (1) be interpreted as precluding national legislation which prevents a judicial authority hearing mortgage enforcement proceedings such as those governed by Articles 681 to 695 of the Spanish Ley de Enjuiciamiento Civil 1/2000 from examining, either of its own motion or at the request of a party, the unfairness of a clause contained in a contract concluded between a supplier or seller and a consumer, whether or not the latter has formulated opposition(?) |
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1.

(Must) Directive 93/13/EEC (1) be interpreted as precluding national legislation which prevents a judicial authority hearing mortgage enforcement proceedings such as those governed by Articles 681 to 695 of the Spanish Ley de Enjuiciamiento Civil 1/2000 from examining, either of its own motion or at the request of a party, the unfairness of a clause contained in a contract concluded between a supplier or seller and a consumer, whether or not the latter has formulated opposition(?)

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| 2. | Regardless of whether the answer to (that question) is positive or negative, (must) Directive 93/13 be interpreted as precluding national legislation which prevents a judicial authority hearing mortgage enforcement proceedings of the kind governed by Articles 681 to 695 of the Spanish Ley de Enjuiciamiento Civil 1/2000 from suspending those proceedings in the event that declaratory proceedings are subsequently initiated in which a declaration is sought as to the unfairness of a clause contained in the contract concluded between a supplier or seller and a consumer, the said contract having been relied upon to commence the abovementioned enforcement proceedings(?) |
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2.

Regardless of whether the answer to (that question) is positive or negative, (must) Directive 93/13 be interpreted as precluding national legislation which prevents a judicial authority hearing mortgage enforcement proceedings of the kind governed by Articles 681 to 695 of the Spanish Ley de Enjuiciamiento Civil 1/2000 from suspending those proceedings in the event that declaratory proceedings are subsequently initiated in which a declaration is sought as to the unfairness of a clause contained in the contract concluded between a supplier or seller and a consumer, the said contract having been relied upon to commence the abovementioned enforcement proceedings(?)

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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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