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Document 62023CN0425

Case C-425/23: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 11 July 2023 — Profi Credit Bulgaria EOOD, Agentsia za sabirane na vzemania EAD City Cash OOD

OJ C, C/2023/118, 16.10.2023, ELI: http://data.europa.eu/eli/C/2023/118/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

ELI: http://data.europa.eu/eli/C/2023/118/oj

European flag

Official Journal
of the European Union

EN

Series C


C/2023/118

16.10.2023

Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 11 July 2023 — Profi Credit Bulgaria EOOD, Agentsia za sabirane na vzemania EAD City Cash OOD

(Case C-425/23)

(C/2023/118)

Language of the case: Bulgarian

Referring court

Sofiyski rayonen sad

Parties to the main proceedings

Applicants in the order for payment procedures: Profi Credit Bulgaria EOOD, Agentsia za sabirane na vzemania EAD City Cash OOD

Questions referred

1.

Do Articles 6(1) and Article 7 of Council Directive 93/13/EEC (1) on unfair terms in consumer contracts (Directive 93/13/EEC) permit national case-law such as that at issue in the main proceedings under which

the court issuing an order for payment in respect of only part of the claims arising from a credit agreement has no jurisdiction to demand that the creditor indicate the amount of the instalments which are demanded of the consumer and is obliged, even in the absence of such information, to issue an order for payment in respect of the part of the claims which the creditor is pursuing as a lump sum?

2.

Is Article 6(1) of Directive 93/12/EEC, read in conjunction with the principle of effectiveness of EU law and Article 19(1) of the Treaty on European Union, to be interpreted as meaning that

instructions to issue a decision on the substance which may infringe EU law and which require a lower court to comply with the will of the higher court — not by issuing a formal decision referring back to the decision of the higher court, but by a decision which is issued in the name of the formation of the lower court — are binding on the lower court and do not impinge on its independence as expressed in the lower court’s internal conviction as to whether a provision of EU law is applicable?


(1)   OJ 1993 L 95, p. 29.


ELI: http://data.europa.eu/eli/C/2023/118/oj

ISSN 1977-091X (electronic edition)


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