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Case C-453/18: Request for a preliminary ruling from the Juzgado de Primera Instancia Vigo (Spain) lodged on 11 July 2018 — Bondora AS v Carlos V. C.
ECLI:EU:UNKNOWN:62018CN0453
62018CN0453
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Valentina R., lawyer
22.10.2018
EN
Official Journal of the European Union
C 381/3
(Case C-453/18)
(2018/C 381/04)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Bondora AS
Defendant: Carlos V. C.
Questions referred
1.Is Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, (1) and the case-law interpreting that directive, to be construed as meaning that that article of the directive precludes a national provision, like [point 2 of] the 23rd final provision of Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil (Law 1/2000 of 7 January on Civil Procedure), which provides that it is not necessary to submit documents with the application for a European order for payment and that, where documents are submitted, they will be ruled inadmissible?
2.Is Article 7(2)(e) of Regulation No 1896/2006 of the European Parliament and of the Council of 12 December 2006 (2) to be construed as meaning that that provision does not preclude a creditor institution from being required to submit documents substantiating its claim based on a consumer loan entered into between a seller or a supplier and a consumer, where the court considers it essential to examine the documents in order to determine whether there are unfair terms in the contract between the parties, thereby complying with the provisions of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and the case-law interpreting that directive?
(1) OJ 1993 L 95, p. 29.
(2) OJ 2006 L 399, p. 1.