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Case C-613/15: Order of the Court of 17 March 2016 (request for a preliminary ruling from the Juzgado de Primera Instancia No 5 de Alcobendas — Spain) — Ibercaja Banco SAU v José Cortés González (Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts — Mortgage loans — Term relating to default interest — Early repayment term — Power of the national court — Time limit)
ECLI:EU:UNKNOWN:62015CB0613
62015CB0613
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Official Journal of the European Union
C 200/4
(Case C-613/15) (<span class="super">1</span>)
((Reference for a preliminary ruling - Directive 93/13/EEC - Unfair terms in consumer contracts - Mortgage loans - Term relating to default interest - Early repayment term - Power of the national court - Time limit))
(2016/C 200/06)
Language of the case: Spanish
Referring court
Juzgado de Primera Instancia No 5 de Alcobendas (Spain)
Parties to the main proceedings
Applicant: Ibercaja Banco SAU
Defendant: José Cortés González
Operative part of the order
Council Directive 93/13/EEC of 5 April 2003 on unfair terms in consumer contracts must be interpreted as meaning that:
—Article 3(1) and Article 4(1) thereof do not permit the law of a Member State to restrict the discretion of a national court in respect of a finding of unfair terms in a mortgage contract concluded between a consumer and a professional, and
—Article 6(1) and Article 7(1) thereof require that national law may not prevent that court from setting aside such a term if it were found to be ‘unfair’, within the meaning of Article 3(1) of that directive.
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(<span class="super">1</span>) OJ C 48, 8.2.2016.