22.12.2012

Official Journal of the European Union

C 399/12

(Case C-451/12)

2012/C 399/20

Language of the case: Spanish

Referring court

Parties to the main proceedings

Appellant: Josune Esteban García

Question referred

Do Articles 4, 12, 114 and 169 of the Treaty and Article 38 of the Charter of Fundamental Rights of the European Union, in conjunction with Directive 93/13 and the case-law of the Court of Justice relating to the high level of protection of the interests of consumers, as well as to the practical effect of directives and the principles of equivalence and effectiveness, allow the Audiencia Provincial, as a national court of appeal, to hear and determine, in spite of the absence of any relevant domestic legal rule, the appeal brought against the decision of the court of first instance assigning to a court of the place where the defendant has its address territorial jurisdiction to hear and determine the action for damages based on the defendant’s alleged failure to fulfil its contractual obligations under a contract concluded over the internet?

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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