5.9.2016
EN
Official Journal of the European Union
C 326/2
Order of the Court of 21 June 2016 (request for a preliminary ruling from the Juzgado de Primera Instancia No 5 de Cartagena, Spain) — Aktiv Kapital Portfolio AS, Oslo, branch in Zurich, formerly Aktiv Kapital Portfolio Investment v Angel Luis Egea Torregrosa
(Case C-122/14) (1)
((Reference for a preliminary ruling - Directive 93/13/EEC - Unfair terms in consumer contracts - Order for payment procedure - Enforcement proceedings))
(2016/C 326/02)
Language of the case: Spanish
Referring court
Juzgado de Primera Instancia No 5 de Cartagena, Spain
Parties to the main proceedings
Applicant: Aktiv Kapital Portfolio AS, Oslo, branch in Zurich, formerly Aktiv Kapital Portfolio Investment
Defendant: Angel Luis Egea Torregrosa
Operative part of the order
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that it precludes national legislation, such as that at issue in the main proceedings, which do not allow the court dealing with the enforcement of a payment order to determine of its own motion, even though it has all the elements of law and fact necessary for that purpose, the unfairness of a term in a contract concluded between a seller or supplier and a consumer which gave rise to that order, where, in the absence of opposition to the order by the consumer, the court
(1) OJ C 159 of 26.5.2014.
Full & Egal Universal Law Academy