Language of document :

Judgment of the Court (First Chamber) of 26 October 2006 (reference for a preliminary ruling from the Audiencia Provincial de Madrid - Spain) - Elisa María Mostaza Claro v Centro Móvil Milenium SL

(Case C-168/05) 1

(Directive 93/13/EEC - Unfair terms in consumer contracts - Failure to raise the unfair nature of a term during arbitration proceedings - Possibility of raising that objection in the context of an action brought against the arbitration award)

Language of the case: Spanish

Referring court

Audiencia Provincial de Madrid

Parties to the main proceedings

Applicant: Elisa María Mostaza Claro

Defendant: Centro Móvil Milenium SL

Re:

Reference for a preliminary ruling - Audiencia Provincial de Madrid - Interpretation of Articles 6(1) and 7(1) of, and point 1(q) of the annex to, Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) - Adequate and effective means to prevent the use of unfair terms - Invalidity of an arbitration agreement not pleaded by the consumer during the arbitration proceedings

Operative part of the judgment

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that a national court seised of an action for annulment of an arbitration award must determine whether the arbitration agreement is void and annul that award where that agreement contains an unfair term, even though the consumer has not pleaded that invalidity in the course of the arbitration proceedings, but only in that of the action for annulment.

____________

1 - OJ C 155 of 25. 6. 2005.