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Case C-598/15: Judgment of the Court (Fifth Chamber) of 7 December 2017 (request for a preliminary ruling from the Juzgado de Primera Instancia de Jerez de la Frontera) — Banco Santander SA v Cristobalina Sánchez López (Reference for a preliminary ruling — Directive 93/13/EEC — Consumer contracts — Unfair terms — Powers of the national court — Effectiveness of the protection afforded to consumers — Mortgage loan agreement — Extrajudicial enforcement procedure — Simplified declaratory court procedure for recognition of the real rights of the successful bidder)
ECLI:EU:UNKNOWN:62015CA0598
62015CA0598
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Valentina R., lawyer
12.2.2018
Official Journal of the European Union
C 52/3
(Case C-598/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Directive 93/13/EEC - Consumer contracts - Unfair terms - Powers of the national court - Effectiveness of the protection afforded to consumers - Mortgage loan agreement - Extrajudicial enforcement procedure - Simplified declaratory court procedure for recognition of the real rights of the successful bidder))
(2018/C 052/03)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Banco Santander SA
Defendant: Cristobalina Sánchez López
Operative part of the judgment
Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer do not apply to proceedings such as those at issue in the main proceedings, brought by the successful bidder in an auction of immovable property, following extrajudicial enforcement of a mortgage granted over that property by a consumer to a creditor acting in the course of trade, such proceedings having been brought for the purpose of protecting real rights lawfully acquired by the successful bidder, provided that, first, the proceedings are independent of the legal relationship between that creditor and the consumer and, second, the mortgage has been enforced, the immovable property sold, the real rights over that property transferred, and the consumer has not availed himself of the legal remedies provided in that context
* Language of the case: Spanish.
OJ C 38, 1.2.2016.