Asunto C-453/18: Petición de decisión prejudicial presentada por el Juzgado de Primera Instancia Vigo (España) el 11 de julio de 2018 — Bondora AS / Carlos V. C.
Section | información judicial |
22.10.2018 ES Diario Oficial de la Unión Europea C 381/3
Lengua de procedimiento: español
Juzgado de Primera Instancia Vigo
Demandante: Bondora AS
Demandado: Carlos V. C.
1) ¿Hay que interpretar el artículo 7.1 de la Directiva 93/13/CEE del Consejo, de 5 de abril de 1993, sobre las cláusulas abusivas en los contratos celebrados con consumidores (1), y la Jurisprudencia que la interpreta, en el sentido de que dicho artículo de la Directiva se opone a una norma nacional, como la de la Disposición final vigésima tercera [punto 2] de la Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil que dispone que en la petición de requerimiento europeo de pago no resulta preciso aportar documentación alguna y que en su caso será inadmitida
2) ¿Hay que interpretar el artículo 7.2.e) del Reglamento no 1896/2006 del Parlamento Europeo y del Consejo, de 12 de diciembre de 2006 (2), en el sentido de que dicho precepto no impide que se pueda requerir a la entidad acreedora para que aporte la documentación en que basa su reclamación derivada de un préstamo al consumo concertado entre un profesional y un consumidor, si el órgano jurisdiccional estima imprescindible el examen del documento para examinar la...
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