Source: All England Reporter
Publisher Citation: [2016] All ER (D) 98 (Apr)
Court: Court of Justice of the European Union (First Chamber)
Judge:

Judges Tizzano (Vice-President of the Court, acting as President of the Chamber), Biltgen, Borg Barthet, Levits (Rapporteur) and Rodin

Judgment Dates: 14 April 2016

Catchwords

European Union - Consumer protection - Unfair contract terms - Loan agreements containing 'floor' clauses - Applicants respectively bringing actions against respondents seeking annulment of those clauses - Respondents seeking to have applicants' actions suspended pending final judgment in respect of collective action brought against them by consumer association in respect of similar clauses - Whether EU law concerning unfair terms in consumer contracts precluding provision of national law at issue permitting applicants' actions to be stayed - , art 7.

The Case

European Union Consumer protection. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of of Council Directive (EEC) 93-13. The requests had been made in proceedings between, in one case, Mr Sales Sinus and Caixabank SA and, in the other, Mr Drame Ba and Catalunya Caixa SA, both relating to the annulment of contractual terms in mortgage loan agreements.

Practice Areas

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