Request for a preliminary ruling from the Tribunalul București (Romania) lodged on 31 March 2021 – TU and SU v BRD Groupe Société Générale S.A. and Next Capital Solutions Limited
(Case C-200/21)
Language of the case: Romanian
Referring court
Tribunalul București
Parties to the main proceedings
Appellants: TU and SU
Respondents: BRD Groupe Société Générale S.A. and Next Capital Solutions Limited
Question referred
Does Directive 93/13/EEC 1 preclude a rule of national law, such as that resulting from Article 712 et seq. of Chapter VI of the Code of Civil Procedure, which lays down a period of 15 days within which a debtor may, by way of an objection to enforcement, rely on the unfairness of a contractual term of the enforceable instrument, given that an action seeking to establish the existence of unfair terms in an enforceable instrument is not subject to any time limit and, in this connection, a debtor may seek suspension of enforcement of the instrument under Article 638(2) of the Code of Civil Procedure?
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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).