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Case C-509/24, Investcapital: Request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción n.o 3 de Arucas (Spain) lodged on 22 July 2024 – Investcapital Ltd v M. H. S.
ECLI:EU:UNKNOWN:62024CN0509
62024CN0509
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Official Journal of the European Union
EN
C series
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C/2024/6907
25.11.2024
(Case C-509/24, Investcapital)
(C/2024/6907)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Investcapital Ltd
Defendant: M. H. S.
Questions referred
1.Must Articles 6 and 7 of Directive 93/13/EEC (1) be interpreted as meaning that a mechanism of judicial scrutiny which is limited to excluding any items based on unfair terms from the claim made by the business owner or professional, who may claim those same items in other proceedings, may constitute an ‘adequate and effective means’ of preventing the consumer or user from remaining bound by such unfair terms?
2.Must Articles 6 and 7 of Directive 93/13/EEC be interpreted as precluding a national rule, such as that contained in Article 815(3) of the Spanish Code of Civil Procedure, which limits the consequences of the check for unfairness in the expedited order for payment procedure to excluding any items based on unfair terms from the claim made by a business owner or professional, without drawing from that examination all of the consequences which, under national law, arise from such a finding of unfairness, such as a declaration of invalidity?
3.Must Articles 6 and 7 of Directive 93/13/EEC be interpreted as precluding a national rule, such as that contained in Article 815(3) of the Spanish Code of Civil Procedure, which does not provide for the participation of the consumer or user in the check for unfairness carried out by the court?
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
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ELI: http://data.europa.eu/eli/C/2024/6907/oj
ISSN 1977-091X (electronic edition)
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