Notice for the OJ

 

Reference for a preliminary ruling from the Audiencia Provincial de Madrid by order of that court of 15 February 2005 in the proceedings between Elisa María Mostaza Claro v Centro Movil Milenium, S.L.

(Case C-168/05)

(Language of the case: Spanish)

Reference has been made to the Court of Justice of the European Communities by order of the Audiencia Provincial de Madrid (Spain) of 15 February 2005, received at the Court Registry on 14 April 2005, for a preliminary ruling in the proceedings between Elisa María Mostaza Claro and Centro Movil Milenium, S.L. on the following question:

May the protection of consumers under Council Directive 93/13/EEC 1 of 5 April 1993 on unfair terms in consumer contracts require the court hearing an action for annulment of an arbitration award to determine whether the arbitration agreement is void and to annul the award if it finds that that arbitration agreement contains an unfair term to the consumer's detriment, when that issue is raised in the action for annulment but was not raised by the consumer in the arbitration proceedings?

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1 - OJ L 95 of 21. 4. 1993, p. 29.