CELEX: 62015CN0154
Language: en
Date: 2015-04-01 00:00:00
Title: Case C-154/15: Request for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Granada (Spain) lodged on 1 April 2015 — Francisco Gutiérrez Naranjo v BBK Bank Cajasur, S.A.U.

13.7.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 228/3
            
         Request for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Granada (Spain) lodged on 1 April 2015 — Francisco Gutiérrez Naranjo v BBK Bank Cajasur, S.A.U.
   (Case C-154/15)
   (2015/C 228/03)
   Language of the case: Spanish
   
      Referring court
   
   Juzgado de lo Mercantil No 1 de Granada
   
      Parties to the main proceedings
   
   
      Applicant: Francisco Gutiérrez Naranjo
   
      Defendant: BBK Bank Cajasur, S.A.U.
   
      Questions referred
   
   
               1)
            
            
               In such cases, is an interpretation according to which an unfair term declared void nonetheless produces effects until that declaration is made compatible with the interpretation of ‘non-binding’ in Article 6(1) of Directive 93/13/EEC (1)? Therefore, even though the term has been declared void, will the effects produced by that term while it was in force be considered not to be invalidated or ineffective?
            
         
               2)
            
            
               Is an injunction that may be issued to desist from using a particular term (in accordance with Articles 6(1) and 7(1)) in an individual action brought by a consumer when such a declaration is made compatible with a limitation of the effects of a declaration of nullity? May (the courts) alter the reimbursement of any sums paid by the consumer — which the seller or supplier is obliged to reimburse — under the term subsequently declared void ex tunc, for want of information and/or of transparency?
            
         
      (1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. OJ 1993 L 95, p. 29.