Judgment — ECLI:EU:C:2014:279
Date: 2014-04-30
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary — Judgment of the Court (Sixth Chamber), 30 April 2014 1. Consumer protection — Unfair terms in consumer contracts — Directive 93/13 — Aim (Council Directive 93/13, Art. 6(1)) 2. Consumer protection — Unfair terms in consumer contracts — Directive 93/13 — Obligation for the national court to examine of its own motion the unfairness of a term in a contract subject to its assessment (Council Directive 93/13) 3. Consumer protection — Unfair terms in consumer contracts — Directive 93/13 — Mortgage enforcement proceedings — No possibility for the national court to grant interim relief — Unlawful — Incompatible with the principle of effectiveness (Council Directive 93/13) 4. Consumer protection — Unfair terms in consumer contracts — Directive 93/13 — Scope — Exclusion provided for contractual terms reflecting mandatory statutory or regulatory provisions — Absence contractual terms amending the effect or ambit of the national provisions — Directive inapplicable (Council Directive 93/13, recital 13 and Art. 1(2)) 1. See the text of the decision. (see para. 33) 2. See the text of the decision. (see para. 34) 3. See the text of the decision. (see para. 36) 4. Directive 93/13 on unfair terms in consumer contracts, and the principles of EU law relating to consumer protection and a balance in the parties’ rights and obligations must be interpreted as meaning that statutory and regulatory provisions of a Member State are excluded from their scope when there is no contractual term altering the effect or ambit of those provisions. In such a case, the national provisions are not contractual but are laws or regulations. Such provisions do not fall within the scope of that directive, which aims to prohibit unfair terms in contracts concluded with consumers. As regards the principles of EU law relating to consumer protection and a balance in the parties’ contractual rights and obligations, it must be held that Directive 93/13 is intended to ensure that they are observed by removing from consumer contracts unfair terms as a manifestation of the imbalance between the contracting parties. National statutory and regulatory provisions are excluded from the scope of Directive 93/13 where no unfair contractual term has been relied on. Also, given the existence of a lex specialis, such as Directive 93/13, which provides for certain cases to be excluded, the underlying general principles are also inapplicable. (see paras 39, 40, 43-45, operative part)