28.9.2015

Official Journal of the European Union

C 320/5

(Case C-90/14) (1)

((Reference for a preliminary ruling - Directive 93/13/EEC - Contract entered into between a seller or a supplier and a consumer - Mortgage contract - Default interest clause - Early repayment clause - Mortgage enforcement proceedings - Moderation of the amount of interest - Powers of the national court))

(2015/C 320/06)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Banco Grupo Cajatres SA

Defendants: María Mercedes Manjón Pinilla, Comunidad Hereditaria formada al fallecimiento de D. M. A. Viana Gordejuela

Operative part of the order

1)Articles 3(1), 4(1), 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that the assessment by the national court of the unfairness of contractual clauses coming under that Directive requires it to take into account the nature of the goods and services which form the subject of the contract concerned by referring, in relation to the date of the conclusion of the contract, to all the circumstances surrounding it.

2)Articles 6(1) and 7(1) of Directive 93/13 must be interpreted as meaning that they do not preclude national provisions for moderating default interest under a mortgage contract, provided that those national provisions:

—do not prejudice to the assessment by the national court hearing mortgage enforcement proceedings relating to that contract on the ‘unfairness’ of the default interest clause, and

—do not prevent that court setting aside that clause should it conclude that the latter clause is ‘unfair’ within the meaning of Article 3(1) of Directive 93/13.

(1)

OJ C 151, 19.5.2014.