Comunicaciones al DO nº C-321/20 of Tribunal de Justicia, Sala Séptima, October 09, 2020
Resolution Date | October 09, 2020 |
Issuing Organization | Sala Séptima |
Decision Number | C-321/20 |
Petición de decisión prejudicial presentada por la Audiencia Provincial de Barcelona (España) el 20 de julio de 2020 - CDT, SA / MIMR, HRMM
(Asunto C-321/20)
Lengua de procedimiento: español
Órgano jurisdiccional remitente
Audiencia Provincial de Barcelona
Partes en el procedimiento principal
Recurrente: CDT, SA
Recurridas: MIMR, HRMM
Cuestiones prejudiciales
Una sentencia de ese Tribunal que interpreta y aplica una directiva de la Unión y considera que una ley interna es opuesta a la directiva, ¿deja sin efecto inmediatamente la ley interna, o esta debe continuarse aplicando en las relaciones entre particulares hasta que sea modificada por el legislador interno? Se solicita que la cuestión se responda en general o respecto a la sentencia de 14 de junio de 20121 y a sus efectos sobre el artículo 83 de la Ley General para la Defensa de los Consumidores en la redacción que se contiene en el apartado 10.
¿Se opone al principio de seguridad jurídica inherente al ordenamiento jurídico de la Unión Europea suprimir completamente el contenido de una cláusula contractual, por considerarla abusiva, en los casos en que, en el momento en que se celebró el contrato y se estableció la cláusula, no existía un criterio que definiese lo que era abusivo en el aspecto a que se refiere la cláusula, porque sobre ello no había una norma jurídica ni...
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