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Case C-486/16: Order of the Court (First Chamber) of 3 July 2019 (request for a preliminary ruling from the Juzgado de Primera Instancia No 6 de Alicante — Spain) — Bankia SA v Alfredo Sánchez Martínez, Sandra Sánchez Triviño (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Articles 6 and 7 — Unfair terms in consumer contracts — Accelerated repayment term in a mortgage loan agreement — Article 99 of the Rules of Procedure of the Court of Justice — Question identical to a question on which the Court has already ruled or where the reply to such a question may be clearly deduced from existing case-law — Powers of the national court when dealing with a term regarded as ‘unfair’ — Replacement of the unfair term with a provision of national law — Principle of effectiveness — Principle of procedural autonomy)
ECLI:EU:UNKNOWN:62016CB0486
62016CB0486
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Official Journal of the European Union
C 19/4
(Case C-486/16) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Articles 6 and 7 - Unfair terms in consumer contracts - Accelerated repayment term in a mortgage loan agreement - Article 99 of the Rules of Procedure of the Court of Justice - Question identical to a question on which the Court has already ruled or where the reply to such a question may be clearly deduced from existing case-law - Powers of the national court when dealing with a term regarded as ‘unfair’ - Replacement of the unfair term with a provision of national law - Principle of effectiveness - Principle of procedural autonomy)
(2020/C 19/04)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Bankia SA
Defendants: Alfredo Sánchez Martínez, Sandra Sánchez Triviño
Operative part of the order
Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and the principle of effectiveness must be interpreted, in circumstances such as those of the main proceedings, as not precluding that a national court of first instance may be bound by a decision delivered by an appeal court requiring the initiation of an enforcement procedure taking into account the seriousness of the consumer’s failure to fulfil his obligations under the mortgage loan agreement, even if that agreement contains a term declared unfair in an earlier judgment which has become final, but which does not have the force of res judicata under national law.
(<span class="note">1</span>) OJ C 441, 28.11.2016.