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Case C-482/12: Reference for a preliminary ruling from the Okresný súd Prešov (Slovakia) lodged on 29 October 2012 — Peter Macinský, Eva Macinská v Getfin s.r.o., Financreal s.r.o.

ECLI:EU:UNKNOWN:62012CN0482

62012CN0482

October 29, 2012
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Official Journal of the European Union

C 9/32

(Case C-482/12)

2013/C 9/54

Language of the case: Slovak

Referring court

Parties to the main proceedings

Applicants: Peter Macinský, Eva Macinská

Defendants: Getfin s.r.o., Financreal s.r.o.

Question referred

1.Is Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (‘Directive 93/13/EEC’) to be interpreted as precluding legislation of a Member State, such as Paragraph 151j(1) of the Občianský zákonník (Civil Code) in conjunction with the other provisions of legislation at issue in the present case, which enables a creditor to enforce the fulfilment of unfair contract terms by enforcing a lien by the sale of immovable property despite the objections of the consumer and a dispute regarding the matter and without an assessment of the contract terms by a court or other independent tribunal?

Language of the case: Slovak

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