Request for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 13 September 2019 — SPV Project 1503 Srl, Dobank SpA v YB

(Case C-693/19)

Language of the case: Italian

Referring court

Tribunale di Milano

Parties to the main proceedings

Applicants: SPV Project 1503 Srl, Dobank SpA

Defendant: YB

Question referred

Under what conditions, if any, do Articles 6 and 7 of Directive 93/13/EEC 1 and Article 47 of the Charter of Fundamental Rights of the European Union preclude a national law, such as the one referred to, which prevents the enforcement court from performing a review of the content of a judicial enforceable instrument that has become final and, where a consumer has expressed his or her desire to rely on the unfairness of a term contained in the contract in respect of which the enforceable instrument was issued, precludes the same court from overriding the effects of the implicit force of res judicata?

____________

1     Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).