- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case C-349/15: Request for a preliminary ruling from the Audiencia Provincial de Castellón (Spain) lodged on 10 July 2015 — Banco Popular Español, S.A. v Elena Lucaciu and Cristian Laurentiu Lucaciu
ECLI:EU:UNKNOWN:62015CN0349
62015CN0349
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
14.9.2015
Official Journal of the European Union
C 302/23
(Case C-349/15)
(2015/C 302/29)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Appellant: Banco Popular Español, S.A.
Respondents: Elena Lucaciu and Cristian Laurentiu Lucaciu
Questions referred
1.Is it compatible with Articles 6(1) and 7(1) of Directive 93/13/EEC (1) to limit in time the effects of the nullity of a term declared null and void because unfair?
2.If such a limitation of the effects is held to be compatible with the EU legislation, specifically Articles 6(1) and 7(1) of Directive 93/13/EEC on unfair terms in consumer contracts, on the grounds that those concerned acted in good faith and that there is a risk of serious difficulties:
a)What is meant by serious difficulties justifying the limitation of the effects?
b)Must the risk of serious difficulties be duly established in the court proceedings in which it is invoked or, on the other hand, may the general assessment by the court of that risk be sufficient where there is no specific data on which to base that assessment?
(1) OJ 1993 L 25, p. 29.