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Case C-385/14: Request for a preliminary ruling from the Juzgado de lo Mercantil No 9 de Barcelona (Spain) lodged on 12 August 2014 — Youssouf Drame Ba v Catalunya Caixa SA
ECLI:EU:UNKNOWN:62014CN0385
62014CN0385
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Official Journal of the European Union
C 388/4
(Case C-385/14)
2014/C 388/05
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Youssouf Drame Ba
Defendant: Catalunya Caixa SA
Questions referred
Given that the Spanish system provides in Article 43 of the LEC (1) that, where an individual action is brought concurrently by a consumer, the effect is that that action must be stayed and treated as a preliminary issue pending final judgment in collective proceedings, and that the consumer is bound by the decision in those proceedings without having had the opportunity to put forward the appropriate pleas or adduce evidence with full equality of arms:
(1) Ley de Enjuiciamiento Civil (Spanish Code of Civil Procedure).
(2) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).