Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/16/2017

Subject: The Court affirmed that in the context of the action for the recovery of fees, the Secretario Judicial (Registrar) does not constitute ‘a court or tribunal’, for the purposes of Article 267 TFEU. Consequently, the Secretario Judicial (Registrar) is not authorised to make a reference to the Court for a preliminary ruling. It is thus for the court with jurisdiction to order the enforcement of the amount due that is required to examine, if necessary of its own motion, whether there is any unfair contractual term in the contract concluded between a lawyer and his client

Parties: Margarit Panicello

Classification: Solidarity - Art. 38 Consumer protection - Justice - Art. 47 Justice: remedy

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