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Case C-869/19: Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 28 November 2019 — L v Banco de Caja España de Inversiones, Salamanca y Soria, S.A.U.
ECLI:EU:UNKNOWN:62019CN0869
62019CN0869
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16.3.2020
EN
Official Journal of the European Union
C 87/5
(Case C-869/19)
(2020/C 87/06)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: L
Defendant: Banco de Caja España de Inversiones, Salamanca y Soria, S.A.U.
Question referred
Does Article 6(1) of Directive 93/13/EEC (1) preclude the application of the procedural principles of delimitation of the subject matter of an action by the parties, correlation between the claims put forward in the action and the rulings contained in the operative part and prohibition of reformatio in peius that prevent the court seised of the appeal lodged by the bank against a judgment that placed a temporal limit on repayment of the amounts overpaid by the consumer under a ‘floor clause’ subsequently declared void from ordering repayment in full of the said overpayments, thereby placing the appellant in a worse position, because the consumer has not appealed against the said limit?
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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