- 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-75/16: Judgment of the Court (First Chamber) of 14 June 2017 (request for a preliminary ruling from the Tribunale Ordinario di Verona — Italy) — Livio Menini, Maria Antonia Rampanelli v Banco Popolare — Società Cooperativa (Reference for a preliminary ruling — Consumer protection — Alternative dispute resolution (ADR) procedures — Directive 2008/52/EC — Directive 2013/11/EU — Article 3(2) — Applications by consumers to set an order aside in the context of payment order proceedings instituted by a credit institution — Right of access to the judicial system — National legislation providing for mandatory recourse to a mediation procedure — Obligation to be assisted by a lawyer — Condition for the admissibility of proceedings before the courts)
ECLI:EU:UNKNOWN:62016CA0075
62016CA0075
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
21.8.2017
Official Journal of the European Union
C 277/15
(Case C-75/16) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Consumer protection - Alternative dispute resolution (ADR) procedures - Directive 2008/52/EC - Directive 2013/11/EU - Article 3(2) - Applications by consumers to set an order aside in the context of payment order proceedings instituted by a credit institution - Right of access to the judicial system - National legislation providing for mandatory recourse to a mediation procedure - Obligation to be assisted by a lawyer - Condition for the admissibility of proceedings before the courts))
(2017/C 277/19)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: Livio Menini, Maria Antonia Rampanelli
Defendant: Banco Popolare — Società Cooperativa
Operative part of the judgment
Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which prescribes recourse to a mediation procedure, in disputes referred to in Article 2(1) of that directive, as a condition for the admissibility of legal proceedings relating to those disputes, to the extent that such a requirement does not prevent the parties from exercising their right of access to the judicial system.
On the other hand, that directive must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which provides that, in the context of such mediation, consumers must be assisted by a lawyer and that they may withdraw from a mediation procedure only if they demonstrate the existence of a valid reason in support of that decision.
(<span class="super note-tag">1</span>) OJ C 156, 2.5.2016.