Opinion of the Advocate General — ECLI:EU:C:2006:265
Date: 2006-04-27
Language of the case: Spanish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary of the Judgment Approximation of laws – Unfair terms in consumer contracts – Directive 93/13 (Council Directive 93/13, Arts 3(1)(t) and 6(1)) Directive 93/13, concerning unfair terms in consumer contracts, must be interpreted as meaning that a national court seised of an action for annulment of an arbitration award must determine whether the arbitration agreement is void and annul that award where that agreement contains an unfair term, even though the consumer has not pleaded that invalidity in the course of the arbitration proceedings, but only in that of the action for annulment. (see para. 39, operative part)