CELEX: 62014CA0381
Language: en
Date: 2016-04-14 00:00:00
Title: Joined Cases C-381/14 and C-385/14: Judgment of the Court (First Chamber) of 14 April 2016 (requests for a preliminary ruling from the Juzgado de lo Mercantil No 9 de Barcelona — Spain) — Jorge Sales Sinués v Caixabank SA (C-381/14), and Youssouf Drame Ba v Catalunya Caixa SA (Catalunya Banc SA) (C-385/14) (Reference for a preliminary ruling — Directive 93/13/EEC — Contracts concluded between sellers or suppliers and consumers — Mortgage contracts — ‘Floor’ clause — Examination of the clause with a view to its invalidation — Collective proceedings — Action for an injunction — Stay of an individual action with the same subject matter)

13.6.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/11
            
         
      Judgment of the Court (First Chamber) of 14 April 2016 (requests for a preliminary ruling from the Juzgado de lo Mercantil No 9 de Barcelona — Spain) — Jorge Sales Sinués v Caixabank SA (C-381/14), and Youssouf Drame Ba v Catalunya Caixa SA (Catalunya Banc SA) (C-385/14)
      (Joined Cases C-381/14 and C-385/14) (1)
      
      ((Reference for a preliminary ruling - Directive 93/13/EEC - Contracts concluded between sellers or suppliers and consumers - Mortgage contracts - ‘Floor’ clause - Examination of the clause with a view to its invalidation - Collective proceedings - Action for an injunction - Stay of an individual action with the same subject matter))
      (2016/C 211/11)
      Language of the case: Spanish
      
         Referring court
      
      Juzgado de lo Mercantil No 9 de Barcelona
      
         Parties to the main proceedings
      
      
         Applicants: Jorge Sales Sinués (C-381/14), Youssouf Drame Ba (C-385/14)
      
         Defendants: Caixabank SA (C-381/14), Catalunya Caixa SA (Catalunya Banc SA) (C-385/14)
      
         Operative part of the judgment
      
      Article 7 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as precluding a provision of national law, such as that at issue in the main proceedings, which requires a court, before which an individual action has been brought by a consumer seeking a declaration that a contractual term binding him to a seller or supplier is unfair, automatically to suspend such an action pending a final judgment concerning an ongoing collective action brought by a consumer association on the basis of Article 7(2) of Directive 93/13 seeking to prevent the continued use, in contracts of the same type, of terms similar to those at issue in that individual action, without the relevance of such a suspension from the point of view of the protection of the consumer who brought the individual action before the court being able to be taken into consideration and without that consumer being able to decide to dissociate himself from the collective action.
      
         (1)  OJ C 388, 3.11.2014.