29 MAY 2019 - 11:42 CET

In July 2018, two Courts of First Instance -of Vigo and Barcelona- asked the Court of Justice of the European Union (CJEU) for preliminary rulings on the evidence supporting consumers’ claims in the European Order for payment procedures.

In Bondora cases, the Spanish judges asked the following questions to the CJEU:

Is it compatible with article 38 CDFUE (Charter of Fundamental Rights of the European Union), with article 6.1 (TEU) and with articles 6.1 and 7.1 of Directive 93/13 / EEC a national rule such as paragraph 4 of Final Provision 23.a of the Spanish Civil Procedure Law that does not allow to bring or claim a contract or the breakdown of the debt in a claim in which the defendant is a consumer and there are indications that there could be claiming amounts based on abusive clauses ?

Is it compatible with Article 7.2 d) of Regulation 1896/2006, which establishes a European order for payment procedure, to request, in claims against a consumer, that the plaintiff specify in section 11 of form A), the breakdown of the debt that is claimed? Likewise, is it compatible with that provision to require that in that same section 11 the content of the clauses of the contract that substantiate the claims be copied to a consumer, beyond the main purpose of the contract, in order to assess its hypothetical abuse?

+ info:

• Preliminary ruling submitted by the Court of First Instance Vigo (Spain) on 11 July 2018 - Bondora AS / Carlos V. C. (Case C-453/18) (2018 / C 381/04).

• Case law: Preliminary ruling by the Court of First Instance Vigo (Spain) on July 11, 2018. Source: CGPJ:

• Preliminary ruling submitted by the Court of First Instance of Barcelona (Spain) on 27 July 2018 - Bondora AS / XY (Case C-494/18) (2018 / C 381/10).

Picture credits: Court of Justice of the European Union (Luxemburg). Free license (Pixabay).