31 OCT 2019 - 08:46 CET

The Court of First Instance No. 2 of Nules (Castellón, Spain) has raised a preliminary ruling before the CJEU in a European order for payment procedure regarding Court review of unfair terms in consumer contracts.

In Case C-524/19, Investcapital Lts / FE, the Spanish court asked the following question to the CJEU:

Must Article 7 of Regulation No 1896/2006 of the European Parliament and of the Council of 12 December 2006 be interpreted as meaning that, in European order for payment proceedings brought thereunder, it does not preclude courts from reviewing of their own motion any unfair terms in the contract under which the debt has arisen in accordance with Article 7 of Council Directive 93/13/EEC on unfair terms in consumer contracts, particularly if the national court needs to carry out a prior examination of the contract in order to conduct that review?

• Preliminary ruling submitted by the Court of First Instance No. 2 of Nules (Castellón, Spain). Case C-524/19, Investcapital Ltd/FE. OJEU 28.10.2019 (PDF)

Picture credits: Signature of a contract. Free Licence (Pixabay).