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Case C-470/12: Reference for a preliminary ruling from the Okresný súd Svidník (Slovakia) lodged on 19 October 2012 — Pohotovosť, s.r.o. v Miroslav Vašuta

ECLI:EU:UNKNOWN:62012CN0470

62012CN0470

October 19, 2012
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16.2.2013

Official Journal of the European Union

C 46/12

(Case C-470/12)

2013/C 46/21

Language of the case: Slovak

Referring court

Parties to the main proceedings

Applicant: Pohotovosť, s.r.o.

Defendant: Miroslav Vašuta

Questions referred

1.Are Articles 6(1), 7(1) and 8 of Council Directive 93/13/EEC (1) on unfair terms in consumer contracts and Article 47 of the Charter of Fundamental Rights of the European Union, in conjunction with Article 38 thereof, to be interpreted as precluding national legislation such as Paragraph 37(1) and (3) of the Exekučný poriadok, which does not allow a consumer protection association to intervene in enforcement proceedings?

2.Where the answer to the first question is that that legislation does not conflict with Community law, is Paragraph 37(1) and (3) of the Exekučný poriadok to be interpreted as not precluding the national court from granting a consumer protection association leave to intervene in enforcement proceedings in accordance with Articles 6(1), 7(1) and 8 [of Council Directive 93/13/EEC]?

(1) OJ 1993 L 95, p. 29.

Language of the case: Slovak

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