CELEX: 62012CN0451
Language: en
Date: 2012-10-08 00:00:00
Title: Case C-451/12: Reference for a preliminary ruling from the Audiencia Provincial de Salamanca (Spain) lodged on 8 October 2012 — Josune Esteban García

22.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 399/12
            
         Reference for a preliminary ruling from the Audiencia Provincial de Salamanca (Spain) lodged on 8 October 2012 — Josune Esteban García
   (Case C-451/12)
   2012/C 399/20
   Language of the case: Spanish
   
      Referring court
   
   Audiencia Provincial de Salamanca
   
      Parties to the main proceedings
   
   
      Appellant: Josune Esteban García
   
      Question referred
   
   Do Articles 4, 12, 114 and 169 of the Treaty and Article 38 of the Charter of Fundamental Rights of the European Union, in conjunction with Directive 93/13 (1) and the case-law of the Court of Justice relating to the high level of protection of the interests of consumers, as well as to the practical effect of directives and the principles of equivalence and effectiveness, allow the Audiencia Provincial, as a national court of appeal, to hear and determine, in spite of the absence of any relevant domestic legal rule, the appeal brought against the decision of the court of first instance assigning to a court of the place where the defendant has its address territorial jurisdiction to hear and determine the action for damages based on the defendant’s alleged failure to fulfil its contractual obligations under a contract concluded over the internet?
   
      (1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29)