CELEX: 62013CN0645
Language: en
Date: 2013-12-05 00:00:00
Title: Case C-645/13: Request for a preliminary ruling from the Juzgado de Primera Instancia de Barcelona (Spain) lodged on 5 December 2013 — Cajas Rurales Unidas, Sociedad Cooperativa de Crédito v Evaristo Méndez Sena and Others

8.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 71/7
            
         
      Request for a preliminary ruling from the Juzgado de Primera Instancia de Barcelona (Spain) lodged on 5 December 2013 — Cajas Rurales Unidas, Sociedad Cooperativa de Crédito v Evaristo Méndez Sena and Others
      (Case C-645/13)
      (2014/C 71/12)
      Language of the case: Spanish
      
         Referring court
      
      Juzgado de Primera Instancia de Barcelona
      
         Parties to the main proceedings
      
      
         Applicant: Cajas Rurales Unidas, Sociedad Cooperativa de Crédito
      
         Defendants: Evaristo Méndez Sena, Edelmira Pérez Vicente, Daniel Méndez Sena, Victoriana Pérez Bicéntez
      
         Questions referred
      
      
                  1.
               
               
                  Must the legislation of a Member State under which no provision is made for a right of appeal to a higher court in the event of the dismissal of an application, made in the course of mortgage enforcement proceedings, to have a contractual term disapplied on the ground that it is unfair, be interpreted as failing to provide adequate and effective means to prevent the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers, and as failing to observe the right to take action before the competent national courts for a decision as to whether contractual terms drawn up for general use are unfair, so that those courts can apply appropriate and effective means to prevent the continued use of such terms?
               
            
                  2.
               
               
                  If the answer to Question 1 is in the affirmative, may the national court — in order to ensure that consumers are adequately and effectively protected against unfair contractual terms — of its own motion grant a consumer the right to have a higher court review the decision at first instance dismissing the application by that consumer to have a contractual term disapplied on the ground that it is unfair?