Case C-658/23, Investcapital: Order of the Court (Seventh Chamber) of 3 September 2024 (request for a preliminary ruling from the Judecătoria Sectorului 3 Bucureşti – Romania) – Investcapital Ltd v TK (Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Answer clearly deducible from the case-law of the Court or leaving no room for reasonable doubt – Directive 2008/52/EC – Mediation in civil and commercial matters – National legislation providing for a mandatory information session on mediation – Constitutional case-law invalidating that legislation – Compatibility of that case-law with the directive – Principle of primacy of EU law – Directive 93/13/EEC – Unfair terms in consumer contracts – Possibility for the court to review an unfair term)
Date: 2024-09-03
Institutions: Court of Justice
Subjects: alternative dispute resolution, case-law, case-law (EU), constitutional court, consumer protection, deadline for payment, primacy of EU law, unfair terms of contract








C_202406067EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6067


21.10.2024






Order of the Court (Seventh Chamber) of 3 September 2024 (request for a preliminary ruling from the Judecătoria Sectorului 3 Bucureşti – Romania) – Investcapital Ltd v TK


(Case C-658/23,
                (1)
Investcapital)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Answer clearly deducible from the case-law of the Court or leaving no room for reasonable doubt - Directive 2008/52/EC - Mediation in civil and commercial matters - National legislation providing for a mandatory information session on mediation - Constitutional case-law invalidating that legislation - Compatibility of that case-law with the directive - Principle of primacy of EU law - Directive 93/13/EEC - Unfair terms in consumer contracts - Possibility for the court to review an unfair term)
(C/2024/6067)
Language of the case: Romanian

Referring court

Judecătoria Sectorului 3 Bucureşti

Parties to the main proceedings


Applicant: Investcapital Ltd

Defendant: TK

Operative part of the order







1.


Article 5(2) of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, read in conjunction with the principle of primacy of Union law,
must be interpreted as meaning that:
it does not preclude the courts of a Member State from disapplying a decision of the Constitutional Court of that Member State invalidating national legislation under which the admissibility of certain actions, which may fall within the scope of that directive, is subject to compliance, by the applicant, with the obligation to attend an information meeting on the advantages of mediation, where such a decision does not fall within the scope of that provision and cannot therefore be contrary thereto.










2.


Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts,
must be interpreted as meaning that:
they preclude the national court, having found that a term of a contract concluded between a consumer and a seller or supplier is unfair on the ground that that term provides for the application of late payment penalties payable by the consumer in the event of non-performance of his contractual obligations by fixing a specific daily amount without providing for a ceiling, reducing the total amount of those penalties by introducing such a ceiling, instead of ruling out the application of that term.






(1)  Date lodged: 3.11.2023.


ELI: http://data.europa.eu/eli/C/2024/6067/oj
ISSN 1977-091X (electronic edition)