CELEX: 62011CN0433
Language: en
Date: 2011-08-22 00:00:00
Title: Case C-433/11: Reference for a preliminary ruling from the Krajský súd v Prešove (Slovak Republic) lodged on 22 August 2011 — SKP v Kveta Polhošová

19.11.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 340/7
            
         Reference for a preliminary ruling from the Krajský súd v Prešove (Slovak Republic) lodged on 22 August 2011 — SKP v Kveta Polhošová
   (Case C-433/11)
   2011/C 340/12
   Language of the case: Slovak
   
      Referring court
   
   Krajský súd v Prešove
   
      Parties to the main proceedings
   
   
      Applicant: SKP
   
      Defendant: Kveta Polhošová
   
      Questions referred
   
   
               1.
            
            
               Are Articles 5 to 9 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (1) to be interpreted as meaning that the practice whereby a supplier assigns claims against a consumer to an entity in bankruptcy should be regarded as an unfair commercial practice if the consumer has no guarantee of reimbursement of the costs of legal proceedings arising from a consumer contract?
            
         
               2.
            
            
               If the answer to the preceding question is that the assignment of claims against a consumer to an entity in bankruptcy for recovery purposes is contrary to EU law, in that case:
               
                           A.
                        
                        
                           Can Article 47 of the Charter of Fundamental Rights of the EU be interpreted in such a way that it is not contravened by a court procedure whereby the court, in order to protect consumers, does not apply the statutory fee concession of the trustee in bankruptcy, and that, in such a case, the court does not infringe the right of the trustee in bankruptcy to judicial protection if it discontinues the proceedings if the fee for the application is not paid?
                        
                     
                           B.
                        
                        
                           Do Articles 6(1) and 7(1) of Council Directive 93/13/EEC on unfair terms in consumer contracts (2) preclude the application of provisions of national law exempting a trustee in bankruptcy from court fees if, in the absence of the unfair commercial practice, the applicant would not be exempt from court fees and the discontinuance of proceedings would prevent the judicial proceedings concerning fulfilment of the unfair term?
                        
                     
         
      (1)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’); OJ 2005 L 149, p. 22.
   
      (2)  OJ 1993 L 95, p. 29.