CELEX: 62015CA0598
Language: en
Date: 2017-12-07 00:00:00
Title: Case C-598/15: Judgment of the Court (Fifth Chamber) of 7 December 2017 (request for a preliminary ruling from the Juzgado de Primera Instancia de Jerez de la Frontera) — Banco Santander SA v Cristobalina Sánchez López (Reference for a preliminary ruling — Directive 93/13/EEC — Consumer contracts — Unfair terms — Powers of the national court — Effectiveness of the protection afforded to consumers — Mortgage loan agreement — Extrajudicial enforcement procedure — Simplified declaratory court procedure for recognition of the real rights of the successful bidder)

12.2.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 52/3
            
         Judgment of the Court (Fifth Chamber) of 7 December 2017 (request for a preliminary ruling from the Juzgado de Primera Instancia de Jerez de la Frontera) — Banco Santander SA v Cristobalina Sánchez López
   (Case C-598/15) (1)
   
   ((Reference for a preliminary ruling - Directive 93/13/EEC - Consumer contracts - Unfair terms - Powers of the national court - Effectiveness of the protection afforded to consumers - Mortgage loan agreement - Extrajudicial enforcement procedure - Simplified declaratory court procedure for recognition of the real rights of the successful bidder))
   (2018/C 052/03)
   Language of the case: Spanish
   
      Referring court
   
   Juzgado de Primera Instancia de Jerez de la Frontera
   
      Parties to the main proceedings
   
   
      Applicant: Banco Santander SA
   
      Defendant: Cristobalina Sánchez López
   
      Operative part of the judgment
   
   Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer do not apply to proceedings such as those at issue in the main proceedings, brought by the successful bidder in an auction of immovable property, following extrajudicial enforcement of a mortgage granted over that property by a consumer to a creditor acting in the course of trade, such proceedings having been brought for the purpose of protecting real rights lawfully acquired by the successful bidder, provided that, first, the proceedings are independent of the legal relationship between that creditor and the consumer and, second, the mortgage has been enforced, the immovable property sold, the real rights over that property transferred, and the consumer has not availed himself of the legal remedies provided in that context
   
      (1)  OJ C 38, 1.2.2016.