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Document 62021CN0652

Case C-652/21: Request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 2 — León (Spain) lodged on 22 October 2021 — ACNC v Unicaja Banco, SA

OJ C 244, 27.6.2022, p. 10–11 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 244, 27.6.2022, p. 10–10 (GA)

27.6.2022   

EN

Official Journal of the European Union

C 244/10

Request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 2 — León (Spain) lodged on 22 October 2021 — ACNC v Unicaja Banco, SA

(Case C-652/21)

(2022/C 244/13)

Language of the case: Spanish

Referring court

Juzgado de Primera Instancia e Instrucción No 2 — León

Parties to the main proceedings

Applicant: ACNC

Defendant: Unicaja Banco, SA

Questions referred

1.

Must Article 6(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts be interpreted as meaning that the repayment only of the amounts unduly paid pursuant to an unfair term fulfils the obligation to make repayment in full? Alternatively, must that obligation be considered to be fulfilled by the addition to those amounts of the statutory interest accruing thereon from the date of each undue payment, as provided for by national law?

2.

If the answer is that repayment in full does include statutory interest:

2.1.

Do Article 6(1) and Article 7(1) of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts preclude the national civil procedural law principles of the delimitation of the subject matter of an action by the parties and of the correlation between the claims put forward in the action and the rulings contained in the operative part where the action is not seeking repayment in full of the statutory interest accrued on the amounts to be repaid?

2.2.

Do Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts preclude national courts from upholding a claim that is not seeking the entirety of the statutory interest due on the amounts to be repaid?

2.3.

Does the principle of effectiveness laid down in Article 6(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts preclude national courts from declining to award part of the interest accrued on the amounts to be repaid where the applicant has not claimed that interest?

2.4.

Do the principles of effectiveness and of repayment in full laid down in Article 6(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts permit or require national courts to decide to increase the amount of the claim to cover amounts not claimed in the application in order to achieve repayment in full, including the part of the statutory interest that was not claimed in the application, where this is done for the consumer’s benefit?

3.

If the answer to question 2.4. is in the negative, does Article 6(1) of Directive 93/13 preclude the national civil procedural law principles of res judicata and of time-barring in respect of facts for the purposes of reserving to a subsequent action a claim for the accrued statutory interest not claimed in the application?

(1)  OJ 1993 L 95, p. 29.

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