ECJ Judgment of 14.03.2013, Mohamed Aziz, C-415/11 – <<Directive 93/13/EEC – Consumer contracts –Mortgage loan agreement – Mortgage enforcement procedures – Powers of the Court – Unfair terms>> – Incidence of the unfairness of a contractual clause on mort
Keywords:
Consumption, unfair terms, mortgage enforcementAbstract
The Spanish legislation on mortgage enforcement is opposed to Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, since it does not provide in mortgage enforcement proceedings for grounds of objection based in the unfairness of contractual terms on which the right to seek enforcement is based, and it does not allow the judge in the declaratory proceedings on the possible unfairness of such terms to stay such mortgage enforcement proceedings.Downloads
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CASE LAW COURT OF JUSTICE OF THE EU
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