CELEX: C2006/326/19
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-168/05: Judgment of the Court (First Chamber) of 26 October 2006 (reference for a preliminary ruling from the Audiencia Provincial de Madrid — Spain) — Elisa María Mostaza Claro v Centro Móvil Milenium SL (Directive 93/13/EEC — Unfair terms in consumer contracts — Failure to raise the unfair nature of a term during arbitration proceedings — Possibility of raising that objection in the context of an action brought against the arbitration award)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/9
            
         Judgment of the Court (First Chamber) of 26 October 2006 (reference for a preliminary ruling from the Audiencia Provincial de Madrid — Spain) — Elisa María Mostaza Claro v Centro Móvil Milenium SL
   (Case C-168/05) (1)
   
   (Directive 93/13/EEC - Unfair terms in consumer contracts - Failure to raise the unfair nature of a term during arbitration proceedings - Possibility of raising that objection in the context of an action brought against the arbitration award)
   (2006/C 326/19)
   Language of the case: Spanish
   Referring court
   Audiencia Provincial de Madrid
   Parties to the main proceedings
   
      Applicant: Elisa María Mostaza Claro
   
      Defendant: Centro Móvil Milenium SL
   Re:
   Reference for a preliminary ruling — Audiencia Provincial de Madrid — Interpretation of Articles 6(1) and 7(1) of, and point 1(q) of the annex to, Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) — Adequate and effective means to prevent the use of unfair terms — Invalidity of an arbitration agreement not pleaded by the consumer during the arbitration proceedings
   Operative part of the judgment
   Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that a national court seised of an action for annulment of an arbitration award must determine whether the arbitration agreement is void and annul that award where that agreement contains an unfair term, even though the consumer has not pleaded that invalidity in the course of the arbitration proceedings, but only in that of the action for annulment.
   
      (1)  OJ C 155 of 25.6.2005.