Request for a preliminary ruling from the Juzgado de Primera Instancia No 2 de Nules (Spain) lodged on 9 July 2019 — Investcapital Ltd v FE

(Case C-524/19)

(2019/C 363/12)

Language of the case: Spanish

Referring court

Juzgado de Primera Instancia No 2 de Nules

Parties to the main proceedings

Applicant: Investcapital Ltd

Defendant: FE

Question referred

Must Article 7 of Regulation No 1896/2006 (1) of the European Parliament and of the Council of 12 December 2006 be interpreted as meaning that, in European order for payment proceedings brought thereunder, it does not preclude courts from reviewing of their own motion any unfair terms in the contract under which the debt has arisen in accordance with Article 7 of Council Directive 93/13/EEC (2) on unfair terms in consumer contracts, particularly if the national court needs to carry out a prior examination of the contract in order to conduct that review?

(1)  Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ 2006 L 399, p. 1).

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