CELEX: 62019CN0693
Language: en
Date: 2019-09-13 00:00:00
Title: Case C-693/19: Request for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 13 September 2019 — SPV Project 1503 Srl, Dobank SpA v YB

23.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 432/22
            
         
      Request for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 13 September 2019 — SPV Project 1503 Srl, Dobank SpA v YB
      (Case C-693/19)
      (2019/C 432/28)
      Language of the case: Italian
      
         Referring court
      
      Tribunale di Milano
      
         Parties to the main proceedings
      
      
         Applicants: SPV Project 1503 Srl, Dobank SpA
      
         Defendant: YB
      
         Question referred
      
      Under what conditions, if any, do Articles 6 and 7 of Directive 93/13/EEC (1) and Article 47 of the Charter of Fundamental Rights of the European Union preclude a national law, such as the one referred to, which prevents the enforcement court from performing a review of the content of a judicial enforceable instrument that has become final and, where a consumer has expressed his or her desire to rely on the unfairness of a term contained in the contract in respect of which the enforceable instrument was issued, precludes the same court from overriding the effects of the implicit force of res judicata?
      
         (1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).