17.5.2016

Official Journal of the European Union

C 175/8

(Case C-91/16)

(2016/C 175/07)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Caixabank S.A.

Defendant: Héctor Benlliure Santiago

Question referred

Is the use of an agreed remunerative interest rate in a situation in which default interest is applicable in accordance with Directive 93/13 or, on the contrary, does it presuppose an amendment of the contract which is not permitted under EU case-law?

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

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