9.2.2013

EN

Official Journal of the European Union

C 38/11

(Case C-537/12)

2013/C 38/14

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Banco Popular Español S.A.

Defendants: Maria Teodolinda Rivas Quichimbo and Wilmar Edgar Cun Pérez

Questions referred

1.(Must) Directive 93/13/EEC be interpreted as precluding national legislation which prevents a judicial authority hearing mortgage enforcement proceedings such as those governed by Articles 681 to 695 of the Spanish Ley de Enjuiciamiento Civil 1/2000 from examining, either of its own motion or at the request of a party, the unfairness of a clause contained in a contract concluded between a supplier or seller and a consumer, whether or not the latter has formulated opposition?

2.Regardless of whether the answer to (that question) is positive or negative, (must) Directive 93/13 be interpreted as precluding national legislation which prevents a judicial authority hearing mortgage enforcement proceedings of the kind governed by Articles 681 to 695 of the Spanish Ley de Enjuiciamiento Civil 1/2000 from suspending those proceedings in the event that declaratory proceedings are subsequently initiated in which a declaration is sought as to the unfairness of a clause contained in the contract concluded between a supplier or seller and a consumer, the said contract having been relied upon to commence the abovementioned enforcement proceedings?

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).