EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62023CN0351
Case C-351/23, GR REAL: Request for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 6 June 2023 — GR REAL s. r. o. v PO, RT
Case C-351/23, GR REAL: Request for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 6 June 2023 — GR REAL s. r. o. v PO, RT
Case C-351/23, GR REAL: Request for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 6 June 2023 — GR REAL s. r. o. v PO, RT
OJ C, C/2023/308, 30.10.2023, ELI: http://data.europa.eu/eli/C/2023/308/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)
![]() |
Official Journal |
EN Series C |
C/2023/308 |
30.10.2023 |
Request for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 6 June 2023 — GR REAL s. r. o. v PO, RT
(Case C-351/23, GR REAL)
(C/2023/308)
Language of the case: Slovak
Referring court
Krajský súd v Prešove
Parties to the main proceedings
Applicant: GR REAL s. r. o.
Defendant: PO, RT
Questions referred
A. |
Do Articles 6(1) and 7(1) of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts apply to proceedings such as those at issue in the main proceedings, which were initiated by a person who was the winning bidder in an auction for property, in respect of which a counterclaim by a consumer for the restitution of the status prior to the auction was simultaneously pending when, prior to the extrajudicial auction, the consumer used legal remedies to suspend enforcement of the lien by lodging an application for interim relief with the court and, at the same time, before the auction, informed the persons taking part in the auction of the pending court proceedings to suspend enforcement of the lien by voluntary auction, when the auction proceeded in spite of the legal proceedings? |
B. |
Is Council Directive 93/13/EEC to be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which, in the context of the enforcement by an undertaking staging private auctions (‘the auctioneer’) of a lien over a consumer’s immovable property, with a view to recovering a debt due to a bank under a consumer credit agreement,
|
C. |
Is Directive 2005/29/EC (2) of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) to be interpreted as meaning that enforcing a lien on the basis of an unfair contractual term relating to the early recovery of a debt arising under a consumer credit agreement and, therefore, the incorrect amount of the outstanding debt, may constitute an unfair commercial practice within the meaning of Article 5 of that directive, and more specifically an aggressive commercial practice within the meaning of Articles 8 and 9 of that directive, and that the liability of the bank and the objectives of Directive 2005/29/EC apply, in addition to the bank, to the auctioneer enforcing the bank’s rights under the lien? |
ELI: http://data.europa.eu/eli/C/2023/308/oj
ISSN 1977-091X (electronic edition)