Request for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Granada (Spain) lodged on 1 April 2015 — Francisco Gutiérrez Naranjo v BBK Bank Cajasur, S.A.U.

(Case C-154/15)

Language of the case: Spanish

Referring court

Juzgado de lo Mercantil No 1 de Granada

Parties to the main proceedings

Applicant: Francisco Gutiérrez Naranjo

Defendant: BBK Bank Cajasur, S.A.U.

Questions referred

In such cases, is an interpretation according to which an unfair term declared void nonetheless produces effects until that declaration is made compatible with the interpretation of ‘non-binding’ in Article 6(1) of Directive 93/13/EEC? ¹ Therefore, even though the term has been declared void, will the effects produced by that term while it was in force be considered not to be invalidated or ineffective?

Is an injunction that may be issued to desist from using a particular term (in accordance with Articles 6(1) and 7(1)) in an individual action brought by a consumer when such a declaration is made compatible with a limitation of the effects of a declaration of nullity? May (the courts) alter the reimbursement of any sums paid by the consumer — which the seller or supplier is obliged to reimburse — under the term subsequently declared void ex tunc, for want of information and/or of transparency?

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¹     Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.

OJ 1993 L 95, p. 29.