Source: All England Reporter
Publisher Citation: [2017] All ER (D) 76 (Dec)
Court: Court of Justice of the European Union (Fifth Chamber)

Judges da Cruz Vilaça (President of the Chamber), Levits (Rapporteur), Borg Barthet, Berger and Biltgen

Judgment Dates: 7 December 2017


European Union - Consumer protection - Unfair contract terms

The Case

European Union Consumer protection. and of Council Directive (EEC) 93-13 did not apply to proceedings brought by the successful bidder in an auction of immovable property, following extrajudicial enforcement of a mortgage granted over that property by a consumer to a creditor acting in the course of trade, provided that, first, the proceedings were independent of the legal relationship between that creditor and the consumer and, second, the mortgage had been enforced, the immovable property sold, the real rights over that property transferred, and the consumer had not availed himself of the legal remedies provided in that context. The Court of Justice of the European Union so held in a preliminary ruling concerning the procedure for recognising the applicant bank's real rights resulting from its acquisition of the respondent's dwelling in an auction.

Practice Areas

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