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Hotărârea Curții (camera întâi) din data de 26 octombrie 2006.
Elisa María Mostaza Claro împotriva Centro Móvil Milenium SL.
Cerere având ca obiect pronunțarea unei hotărâri preliminare: Audiencia Provincial de Madrid - Spania.
Approximation of laws – Unfair terms in consumer contracts – Directive 93/13
(Council Directive 93/13, Arts 3(1)(t) and 6(1))
Directive 93/13, concerning unfair terms in consumer contracts, must be interpreted as meaning that a national court seised of an action for annulment of an arbitration award must determine whether the arbitration agreement is void and annul that award where that agreement contains an unfair term, even though the consumer has not pleaded that invalidity in the course of the arbitration proceedings, but only in that of the action for annulment.
(see para. 39, operative part)