Case C‑169/14

Juan Carlos Sánchez Morcillo

and

María del Carmen Abril García

v

Banco Bilbao Vizcaya Argentaria SA

(Request for a preliminary ruling from the Audiencia Provincial de Castellón)

‛(Expedited procedure)’

Summary — Order of the President of the Court, 5 June 2014

Questions referred for a preliminary ruling — Expedited preliminary ruling procedure — Conditions — Circumstances justifying a swift processing — Risk of losing property in the context of mortgage enforcement proceedings — Admissibility of the appeal brought against those proceedings

(Statute of the Court of Justice, Art. 23a; Rules of Procedure of the Court of Justice, Art. 105(1))

It is true, that the large number of persons or legal situations potentially affected by the decision a national court has to deliver after bringing a matter before the Court of Justice for a preliminary ruling does not, in itself, constitute an exceptional circumstance that would justify the use of the expedited procedure. However, a hypothetical case where, beyond the number of affected debtors concerned, the risk, for the owner, of losing his main dwelling puts him and his family in a particularly fragile situation. That circumstance is exacerbated by the fact that, according to the national court, if it were found that the enforcement proceedings were based on a loan contract containing abusive terms which is set aside by the national court, the annulment of the enforcement proceedings related to that loan contract provide the debtor with protection of a purely compensatory nature and does not enable the earlier situation, in which he was the owner of his dwelling, to be restored. Consequently, an answer from the Court of Justice within the shortest possible time may significantly limit the risk of the main dwelling of the persons concerned being lost, with the result that the request to submit the case to the expedited procedure should be granted.

(see paras 10-13)

Case C‑169/14

Juan Carlos Sánchez Morcillo

and

María del Carmen Abril García

v

Banco Bilbao Vizcaya Argentaria SA

(Request for a preliminary ruling from the Audiencia Provincial de Castellón)

‛(Expedited procedure)’

Summary — Order of the President of the Court, 5 June 2014

Questions referred for a preliminary ruling — Expedited preliminary ruling procedure — Conditions — Circumstances justifying a swift processing — Risk of losing property in the context of mortgage enforcement proceedings — Admissibility of the appeal brought against those proceedings

(Statute of the Court of Justice, Art. 23a; Rules of Procedure of the Court of Justice, Art. 105(1))

It is true, that the large number of persons or legal situations potentially affected by the decision a national court has to deliver after bringing a matter before the Court of Justice for a preliminary ruling does not, in itself, constitute an exceptional circumstance that would justify the use of the expedited procedure. However, a hypothetical case where, beyond the number of affected debtors concerned, the risk, for the owner, of losing his main dwelling puts him and his family in a particularly fragile situation. That circumstance is exacerbated by the fact that, according to the national court, if it were found that the enforcement proceedings were based on a loan contract containing abusive terms which is set aside by the national court, the annulment of the enforcement proceedings related to that loan contract provide the debtor with protection of a purely compensatory nature and does not enable the earlier situation, in which he was the owner of his dwelling, to be restored. Consequently, an answer from the Court of Justice within the shortest possible time may significantly limit the risk of the main dwelling of the persons concerned being lost, with the result that the request to submit the case to the expedited procedure should be granted.

(see paras 10-13)