Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/17/2014

Subject: The Court affirmed that Directive 93/13/EEC on unfair terms in consumer contracts, read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding a system of enforcement which provides that mortgage enforcement proceedings may not be stayed by the court of first instance, which, in its final decision, may at most award compensation in respect of the damage suffered by the consumer, inasmuch as the latter, the debtor against whom mortgage enforcement proceedings are brought, may not appeal against a decision dismissing his objection to that enforcement, whereas the seller or supplier, the creditor seeking enforcement, may bring an appeal against a decision terminating the proceedings or ordering an unfair term to be disapplied.

Parties: Juan Carlos Sánchez Morcillo

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

Text