Reference for a preliminary ruling from the Audiencia Provincial, Salamanca (Spain) lodged on 26 May 2008 — Eva Martín Martín v EDP Editores, S.L and Juan Caballo Bueno

(Case C-227/08)

(2008/C 223/32)

Language of the case: Spanish

Referring court

Audiencia Provincial, Salamanca

Parties to the main proceedings

Applicant: Eva Martín Martín

Defendant: EDP Editores, S.L and Juan Caballo Bueno

Question referred

Must Article 153 EC, in conjunction with Articles 3 EC and 95 EC, Article 38 of the Charter of Fundamental Rights of the European Union, and Council Directive 85/577/EEC (1) of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises, specifically Article 4 thereof, be interpreted as meaning that a court seised of an appeal against a judgment given at first instance may, of its own motion, declare a contract which falls within the scope of that directive void, where no plea of nullity was raised at any point by the defendant consumer when submitting a defence to the order for payment procedure, at the hearing, or during the appeal?

(1)  OJ L 372, p. 31 — EE 15/06, p. 131.