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Case C-227/08: Reference for a preliminary ruling from the Audiencia Provincial, Salamanca (Spain) lodged on 26 May 2008 — Eva Martín Martín v EDP Editores, S.L and Juan Caballo Bueno
ECLI:EU:UNKNOWN:62008CN0227
62008CN0227
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Valentina R., lawyer
30.8.2008
Official Journal of the European Union
C 223/20
(Case C-227/08)
(2008/C 223/32)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Eva Martín Martín
Defendant: EDP Editores, S.L and Juan Caballo Bueno
Question referred
Must Article 153 EC, in conjunction with Articles 3 EC and 95 EC, Article 38 of the Charter of Fundamental Rights of the European Union, and Council Directive 85/577/EEC (1) of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises, specifically Article 4 thereof, be interpreted as meaning that a court seised of an appeal against a judgment given at first instance may, of its own motion, declare a contract which falls within the scope of that directive void, where no plea of nullity was raised at any point by the defendant consumer when submitting a defence to the order for payment procedure, at the hearing, or during the appeal?
(1) OJ L 372, p. 31 — EE 15/06, p. 131.