Official Journal of the European Union

C series

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C/2025/2515

12.5.2025

Request for a preliminary ruling from the Juzgado de Primera Instancia n6 de Cartagena (Spain) lodged on 24 January 2025 6 Banco Santander, SA v EJ

(Case C-66/25, Banco Santander)

(C/2025/2515)

Language of the case: Spanish

Referring court

Juzgado de Primera Instancia n6 de Cartagena

Parties to the main proceedings

Applicant: Banco Santander, SA

Defendant: EJ

Questions referred

Should Arts. 3, 6 and 7 of Directive 93/13/EEC (1) be interpreted as meaning that they preclude a national provision such as Article 695(1)(4) of the [Ley de Enjuiciamiento Civil (Civil Procedure Code)] as it is interpreted by the Provincial Courts, which prevents the assessment of the unfairness of clauses that have not been applied by the creditor when calculating the debt that it is claiming, but which were applied previously, and that assessment could make it possible to offset the amounts that were unduly paid?

If it is possible to review the unfairness of those clauses, should Articles 6 and 7 of Directive 93/13/EEC and the principle of effectiveness be interpreted as meaning that they preclude a national provision such as Article 695(2) of the [Ley de Enjuiciamiento Civil (Civil Procedure Code)], which prevents consumers from submitting documentation after filing their opposition to enforcement, does not provide that the court may, of its own motion, obtain evidence in that regard and prevents the amount from being determined subsequent to the decision bringing an end to the opposition to the enforcement proceedings?

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(1) 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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ELI: http://data.europa.eu/eli/C/2025/2515/oj

ISSN 1977-091X (electronic edition)

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