Request for a preliminary ruling from the Okresný súd Bardejov (Slovakia), lodged on 26 March 2013 – Pohotovost’, s.r.o. v Ján Soroka

(Case C-153/13)

Language of the case: Slovak

Referring court

Okresný súd Bardejov

Parties to the main proceedings

Applicant: Pohotovost’, s.r.o.

Defendant: Ján Soroka

Questions referred

Is Council Directive 93/13/EEC ¹ of 5 April 1993 on unfair terms in consumer contracts (‘Directive 93/13/EEC’), in conjunction with Article 47 and Article 38 of the Charter of Fundamental Rights of the European Union, to be interpreted as precluding legislation of a Member State, such as the legislation at issue in the present case, which does not allow a legal person whose purpose is the protection of consumers’ rights to intervene in court enforcement proceedings, to defend a consumer against whom enforcement proceedings are being brought for the recovery of a claim under a consumer contract, where that consumer is not represented by a lawyer?

Is the European Union law set out in question 1 to be interpreted as meaning that the basic right to legal protection of the consumer and of an intervening party under Article 47 of the Charter of Fundamental Rights is infringed when the intervention of a legal person whose purpose is the protection of consumers’ rights is not allowed in court enforcement proceedings and the consumer is not represented by a lawyer?

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¹ OJ 1993 L 95, p. 29.