28.9.2015

Official Journal of the European Union

C 320/2

(Case C-602/13)(1)

((Reference for a preliminary ruling - Directive 93/13/EEC - Contractual relationship between a seller or a supplier and a consumer - Mortgage contract - Default interest clause - Early repayment clause - Mortgage enforcement proceedings - Moderation of the amount of interest - Powers of the national court))

(2015/C 320/02)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Banco Bilbao Vizcaya Argentaria, SA

Defendant: Fernando Quintano Ujeta, María Isabel Sánchez García

Operative part of the order

1)Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that they do not preclude national provisions for moderating default interest under a mortgage contract, provided that those national provisions:

—do not prejudice to the assessment by the national court hearing mortgage enforcement proceedings relating to that contract on the ‘unfairness’ of the default interest clause, and

—do not prevent that court setting aside that clause should it conclude that the latter clause is ‘unfair’ within the meaning of Article 3(1) of Directive 93/13.

2)Directive 93/13 must be interpreted as meaning that, where the national court has established the ‘unfairness’ within the meaning of Article 3(1) of Directive 93/13 of a clause in a contract between a consumer and a seller or a supplier, the fact that that clause has not been executed cannot, in itself, prevent the national court drawing the appropriate conclusions from the ‘unfair’ nature of that clause.

(1) OJ C 31, 1.2.2014.