Comunicaciones al DO nº C-147/18 of Tribunal de Justicia, President, April 27, 2018
Resolution Date | April 27, 2018 |
Issuing Organization | President |
Decision Number | C-147/18 |
Petición de decisión prejudicial presentada por la Audiencia Provincial de Almería (España) el 23 de febrero de 2018 - Banco Mare Nostrum S.A. / Ignacio Jesús Berenguel Nieto y Carmen Sonia Salinas López
(Asunto C-147/18)
Lengua de procedimiento: español
Órgano jurisdiccional remitente
Audiencia Provincial de Almería
Partes en el procedimiento principal
Apelante: Banco Mare Nostrum, S.A.
Apelados: Ignacio Jesús Berenguel Nieto y Carmen Sonia Salinas López
Cuestiones prejudiciales
¿Una declaración de no vinculación de una cláusula abusiva, en el sentido de la Directiva 93/13/CEE del Consejo, de 5 de abril de 1993, sobre las cláusulas abusivas en los contratos celebrados con consumidores1 , obtenida en sentencia, impide que se apliquen todos los efectos reconocidos por la Sentencia del Tribunal [de Justicia] de 21 de diciembre de 2016 [asunto Gutiérrez Naranjo y otros, C 154/15, C 307/15 y C 308/15]?
¿La aplicación del efecto restitutorio de una cláusula declarada abusiva en el sentido de la Directiva 93/13/CEE del Consejo, de 5 de abril de 1993, sobre las clausulas abusivas en los contratos celebrados con consumidores, queda afectado, limitado o impedido por los principios dispositivo, de aportación de parte, cosa juzgada material y prohibición de reforma peyorativa?
¿Las funciones de un Tribunal de segunda instancia quedan limitadas por el hecho de que la sentencia de primera instancia haya otorgado efecto limitado a la declaración de abuso, pero dicha sentencia no haya sido recurrida por el consumidor...
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