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Case C-693/19: Request for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 13 September 2019 — SPV Project 1503 Srl, Dobank SpA v YB
ECLI:EU:UNKNOWN:62019CN0693
62019CN0693
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Valentina R., lawyer
23.12.2019
EN
Official Journal of the European Union
C 432/22
(Case C-693/19)
(2019/C 432/28)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: SPV Project 1503 Srl, Dobank SpA
Defendant: YB
Question referred
Under what conditions, if any, do Articles 6 and 7 of Directive 93/13/EEC (1) and Article 47 of the Charter of Fundamental Rights of the European Union preclude a national law, such as the one referred to, which prevents the enforcement court from performing a review of the content of a judicial enforceable instrument that has become final and, where a consumer has expressed his or her desire to rely on the unfairness of a term contained in the contract in respect of which the enforceable instrument was issued, precludes the same court from overriding the effects of the implicit force of res judicata?
* Language of the case: Italian.
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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