I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
(Case C-413/12)(1)
(References for a preliminary ruling - Directive 93/13/EEC - Action seeking an injunction brought by a regional consumer protection association - Jurisdiction of local courts - No remedy against a decision declining jurisdiction delivered at first instance - Procedural autonomy of the Member States - Principles of equivalence and effectiveness)
2014/C 45/21
Language of the case: Spanish
Applicant: Asociación de Consumidores Independientes de Castilla y León
Defendant: Anuntis Segundamano España SL
Reference for a preliminary ruling — Audiencia Provincial de Salamanca — Spain — Interpretation of Articles 4, 12, 114 and 169 TFEU, Article 38 of the Charter of Fundamental Rights of the European Union (OJ 2000 C 364, p. 1) and of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) — Adequate and effective means to prevent the continued use of unfair terms — Preventive action brought in the collective interest by a consumer protection organisation seeking an injunction to prevent a trader from using unfair terms — National rules of civil procedure conferring jurisdiction on the court of the place where the defendant has its address — National legislation excluding any appeal against an order declining jurisdiction
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and the principles of equivalence and effectiveness must be interpreted as not precluding national procedural rules under which actions for an injunction brought by consumer protection associations must be brought before the courts where the defendant is established or has its address and whereby no appeal lies against a decision declining territorial jurisdiction handed down by a court of first instance.
(1)
OJ C 379, 8.12.2012.
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