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Case C-8/14: Judgment of the Court (First Chamber) of 29 October 2015 (request for a preliminary ruling from the Juzgado de Primera Instancia No 4 de Marorell — Spain) — BBVA SA, formerly Unnim Banc SA v Pedro Peñalva López, Clara López Durán, Diego Fernández Gabarro (Reference for a preliminary ruling — Directive 93/13/EEC — Mortgage loan agreement — Unfair terms — Enforcement proceedings — Opposition — Time-limits)
ECLI:EU:UNKNOWN:62014CA0008
62014CA0008
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21.12.2015
Official Journal of the European Union
C 429/2
(Case C-8/14) (<span class="super">1</span>)
((Reference for a preliminary ruling - Directive 93/13/EEC - Mortgage loan agreement - Unfair terms - Enforcement proceedings - Opposition - Time-limits))
(2015/C 429/02)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: BBVA SA, formerly Unnim Banc SA
Defendant: Pedro Peñalva López, Clara López Durán, Diego Fernández Gabarro
Operative part of the judgment
Articles 6 and 7 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that they preclude a national transitional provision, such as that at issue in the main proceedings, which, as regards mortgage enforcement proceedings which were instituted before the date of entry into force of the law of which that provision forms part and which were not concluded at that date, imposes a time-limit on consumers calculated from the day following the publication of that law, to object to enforcement on the basis of the alleged unfairness of contractual terms.
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(<span class="super">1</span>) OJ C 102, 7.4.2014.