|
6.6.2016 |
EN |
Official Journal of the European Union |
C 200/4 |
Order of the Court of 17 March 2016 (request for a preliminary ruling from the Juzgado de Primera Instancia No 5 de Alcobendas — Spain) — Ibercaja Banco SAU v José Cortés González
(Case C-613/15) (1)
((Reference for a preliminary ruling - Directive 93/13/EEC - Unfair terms in consumer contracts - Mortgage loans - Term relating to default interest - Early repayment term - Power of the national court - Time limit))
(2016/C 200/06)
Language of the case: Spanish
Referring court
Juzgado de Primera Instancia No 5 de Alcobendas (Spain)
Parties to the main proceedings
Applicant: Ibercaja Banco SAU
Defendant: José Cortés González
Operative part of the order
Council Directive 93/13/EEC of 5 April 2003 on unfair terms in consumer contracts must be interpreted as meaning that:
|
— |
Article 3(1) and Article 4(1) thereof do not permit the law of a Member State to restrict the discretion of a national court in respect of a finding of unfair terms in a mortgage contract concluded between a consumer and a professional, and |
|
— |
Article 6(1) and Article 7(1) thereof require that national law may not prevent that court from setting aside such a term if it were found to be ‘unfair’, within the meaning of Article 3(1) of that directive. |