Request for a preliminary ruling from the Juzgado de Primera Instancia n.º 1 de Fuenlabrada (Spain) lodged on 2 February 2024 – A.B.D. v Bankinter Consumer Finance, E.F.C., SA
(Case C-88/24)
Language of the case: Spanish
Referring court
Juzgado de Primera Instancia n.º 1 de Fuenlabrada
Parties to the main proceedings
Applicant: A.B.D.
Defendant: Bankinter Consumer Finance, E.F.C., SA
Questions referred
Do Article 6(1) and Article 7(1) of [Directive 93/13] 1 preclude a judicial interpretation of national law according to which, the credit agreement having been declared void, the credit institution, in addition to repayment of the capital transferred and the payment of default interest at the statutory rate from the date on which notice is served, is entitled to claim from the consumer interest at the statutory rate on the credit amounts drawn down by the consumer and from when those amounts were drawn down?
Do Article 6(1) and Article 7(1) of Directive 93/13 preclude a judicial interpretation of a national law extending the unfairness assessment to the adequacy of the price, according to which, the credit agreement having been declared void, the consumer is not able to seek compensation from the credit institution beyond reimbursement of any amount in excess of the capital provided, taking into account the total received by the creditor?
Where a term or the agreement is declared void on the basis that it is unfair or because the creditor has not complied with its obligations, is it a proportionate penalty for the purposes of Directive 93/13, and also [Directive 87/102] 1 and [Directive 2008/48] 2 to require the creditor to compensate the consumer with an amount which is in no event less than the statutory rate of interest plus five percentage points, or that of the agreement, where that is higher than the statutory rate, also plus five percentage points?
Do Articles 8 and 23 of Directive 2008/48 preclude an interpretation of national law according to which, where the creditor fails to comply with its obligation to assess the creditworthiness of the consumer, the mere fact that administrative penalties are provided for excludes the possibility of declaring the credit agreement void or imposing some other civil consequence?
In accordance with Article 3(1) and Article 4(1) of Directive 93/13, for the purposes of assessing the unfairness of the extended credit option in respect of a ‘revolving credit’ card, may the fact that the seller or supplier has not offered the consumer the option of payment [in full] at the end of the month, which is also available in the product range, or that it has directed the consumer towards choosing the extended credit option, putting the interests of the seller or supplier before the best interests of the consumer, constitute one of the elements on which the assessment is based?
In accordance with Article 4(2) of Directive 93/13, for the purposes of assessing whether an open-end credit agreement is clear and comprehensible, may the fact that the calculation of the annual percentage rate omits the additional assumptions relied on in order to calculate it, or that they are not mentioned in the agreement itself, constitute one of the elements on which the assessment is based?
Do Article 6(1) and Article 7(1) of Directive 93/13, together with Article 15 of Directive 87/102 and Article 23 of Directive 2008/48, preclude a national provision according to which, where the contractual information does not include the annual percentage rate or the additional assumptions used to calculate it, the credit institution may claim interest from the consumer at the statutory rate and within the agreed timescales?
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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).
1 Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ 1987 L 42, p. 48).
1 Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008 L 133, p. 66).