Official Journal of the European Union

C 135/20

(Case C-54/14)

2014/C 135/23

Language of the case: Spanish

Referring court

Juzgado de Primera Instancia No 34 de Madrid

Parties to the main proceedings

Applicants: Rafael Villafáñez Gallego and María Pérez Anguio

Defendant: Banco Bilbao Vizcaya Argentaria, S.A.

Questions referred

1.On a proper construction of Article 3(1) and (2) of Directive 93/13, must an agreement between a bank and an individual consumer be held to be individually negotiated when, as well as altering the conditions on the limiting of interest rates, it imposes on the consumer the costs of amending the authentic instrument of loan and mortgage executed by the bank and the consumer, and when that agreement was proposed by the bank as one of the possible alternatives for altering the financial terms of the loan and was voluntarily accepted by the consumer following an agreement reached after negotiations between the bank and a mutual society of which the consumer is a member in the interests and to the benefit of the members of that mutual society?

2.If the first question is answered in the negative, is Article 3(1), read in conjunction with Article 6(1) of Directive 93/13/EEC, to be interpreted, with regard to the unfairness of the term, as precluding an agreement such as that described in the first question, having regard to the purpose and object of the agreement between the bank and the mutual society?

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).