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Case C-35/22, CAJASUR Banco: Judgment of the Court (Fourth Chamber) of 13 July 2023 (request for a preliminary ruling from the Audiencia Provincial de Málaga — Spain) — CAJASUR Banco SA v JO, IM (Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts — Article 6(1) — General conditions of a mortgage loan agreement declared null and void by national courts — Legal action — Admission prior to any dispute — National legislation requiring a consumer to take steps prior to bringing proceedings against the seller or supplier concerned in order to guarantee the award of the costs of legal proceedings — Principle of sound administration of justice — Right to effective judicial protection)
ECLI:EU:UNKNOWN:62022CA0035
62022CA0035
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11.9.2023
Official Journal of the European Union
C 321/8
(Case C-35/22, (<span class="oj-super oj-note-tag">1</span>) CAJASUR Banco)
(Reference for a preliminary ruling - Directive 93/13/EEC - Unfair terms in consumer contracts - Article 6(1) - General conditions of a mortgage loan agreement declared null and void by national courts - Legal action - Admission prior to any dispute - National legislation requiring a consumer to take steps prior to bringing proceedings against the seller or supplier concerned in order to guarantee the award of the costs of legal proceedings - Principle of sound administration of justice - Right to effective judicial protection)
(2023/C 321/09)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: CAJASUR Banco SA
Defendant: JO, IM
Operative part of the judgment
Article 6(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, read in the light of the principle of effectiveness,
must be interpreted as not precluding national legislation under which, where a consumer has not taken any steps prior to bringing proceedings against a seller or supplier with whom he or she has concluded a contract containing an unfair term, that consumer must bear his or her own costs relating to the legal proceedings which he or she has instituted against that seller or supplier in order to assert the rights conferred on him or her by Directive 93/13 where that seller or supplier has admitted the claim of that consumer before any dispute, even if that term has been found to be unfair, provided that the competent national court is able to take account of the existence of settled national case-law finding similar terms and the conduct of the seller or supplier to be unfair in order to conclude that that seller or supplier acted in bad faith and, if appropriate, order him or her to pay those costs.
(<span class="oj-super">1</span>) OJ C 171, 25.4.2022.