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Case C-91/16: Request for a preliminary ruling from the Juzgado de Primera Instancia No 60 de Madrid (Spain) lodged on 15 February 2016 — Caixabank S.A. v Héctor Benlliure Santiago
ECLI:EU:UNKNOWN:62016CN0091
62016CN0091
February 15, 2016
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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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