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16.2.2013 |
EN |
Official Journal of the European Union |
C 46/11 |
Reference for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 15 October 2012 — SKP v Ján Bríla
(Case C-460/12)
2013/C 46/20
Language of the case: Slovak
Referring court
Krajský súd v Prešove
Parties to the main proceedings
Appellant: SKP, k.s.
Respondent: Ján Bríla
Questions referred
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1. |
Are Article 38 of the Charter of Fundamental Rights of the European Union and Articles 6(1) and 7(1) of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts to be interpreted as precluding legislation of a Member State, such as that at issue in this case, preventing a national court, when adjudicating, on the application of a supplier, on a time-barred claim against a consumer from taking limitation of the action into account of its own motion, even when unfair contract terms are being enforced against the consumer? |
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2. |
If the answer to the first question is in the negative, are Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts to be interpreted as meaning that the court must, of its own motion, advise the consumer as to his right to argue that the creditor’s claim is time-barred? |