Request for a preliminary ruling from the Juzgado de Primera Instancia No 6 de Ceuta (Spain) lodged on 15 January 2024 – Justa v Banco Bilbao Vizcaya Argentaria SA

(Case C-39/24)

Language of the case: Spanish

Referring court

Juzgado de Primera Instancia No 6 de Ceuta

Parties to the main proceedings

Applicant: Justa

Defendant: Banco Bilbao Vizcaya Argentaria, SA

Questions referred

Does European legislation preclude the interpretation by the Supreme Court in relation to the arrangement fee, according to which the simple mention of the amount of the contract term in the mortgage instrument, and that the amount does not exceed the ceiling laid down, is sufficient for it to be held that the term is not unfair, in the light of Article 4(2) of Directive 93/13/EEC, ¹ on the ground of a lack of transparency, even though that term contains no indication of content or time?

If the consumer is previously informed of the contract term in question and if that term is not understood to be included in the activity of bank lending, as indicated in Directive 2014/17/EU of the European Parliament and of the Council, ¹ and if it is considered to be unrelated to the remunerative interest, should invoices not be drawn up and should the services in question not be definitively specified before the charge is passed on to the consumer, and would such omission to do so not be contrary to European legislation by affecting the transparency of the contract term in question in a material sense?

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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 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ 2014 L 60, p. 34).