Source: All England Reporter
Publisher Citation: [2013] All ER (D) 181 (Mar)
Court: Court of Justice of the European Union (First Chamber)
Judge:

Judges Tizzano (Rapporteur and President of the Chamber), Borg Barthet, Ilesic, Kasel and Berger

Judgment Dates: 14 March 2013

Catchwords

European Union - Consumer protection - Unfair contract terms - Debtor working in Spain concluding loan agreement secured by mortgage with respondent creditor - Debtor defaulting on payments under agreement - Agreement containing term permitting creditor to call in totality of loan on default of obligation to pay any part of principal or interest on loan - Agreement further giving creditor right to bring enforcement proceedings to reclaim debt and to immediately quantify amount due by submitting appropriate certificate - Creditor seeking to enforce terms of agreement - Spanish court expressing doubts as to conformity of Spanish law with relevant European consumer directive - Council Directive (EEC) 93/13.

The Case

European Union Consumer protection. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of Council Directive (EEC) 93-13 (on unfair terms in consumer contracts). The request had been made in proceedings between Mr Aziz and the Caixa d'Estalvis de Catalunya, Tarragona i Manresa (Catalunyacaixa), concerning the validity of certain terms of a mortgage loan agreement entered into by those parties.

Practice Areas

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