Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/07/2017

Subject: The Court affirmed that Directive 93/13/EEC on unfair terms in consumer do not apply to proceedings brought by the successful bidder in an auction of immovable property, following extrajudicial enforcement of a mortgage granted over that property by a consumer to a creditor acting in the course of trade, such proceedings having been brought for the purpose of protecting real rights lawfully acquired by the successful bidder, provided that, first, the proceedings are independent of the legal relationship between that creditor and the consumer and, second, the mortgage has been enforced, the immovable property sold, the real rights over that property transferred, and the consumer has not availed himself of the legal remedies provided in that context

Parties: Banco Santander

Classification: Solidarity - Art. 38 Consumer protection

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