Reference for a preliminary ruling from the Audiencia Provincial de Oviedo (Spain) lodged on 14 May 2012 — Constructora Principado, S.A. v José Ignacio Menéndez Álvarez

(Case C-226/12)

2012/C 227/17

Language of the case: Spanish

Referring court

Audiencia Provincial de Oviedo

Parties to the main proceedings

Applicant: Constructora Principado, S.A.

Defendant: José Ignacio Menéndez Álvarez

Question referred

In the case of a contractual term which passes on to the consumer payment of an amount which by law is payable by the seller or supplier, is the imbalance referred to in Article 3(1) of Directive 93/13 (1) to be interpreted as arising merely from the act of passing on to the consumer an obligation to pay which by law falls on the seller or supplier, or does the fact that the Directive requires the imbalance to be significant mean that, in addition, the financial burden on the consumer must be significant in relation to the total amount of the transaction?

(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts

OJ 1993 L 95, p. 29.