Asunto C-693/19: Petición de decisión prejudicial planteada por el Tribunale di Milano (Italia) el 13 de septiembre de 2019 — SPV Project 1503 Srl, Dobank SpA/YB
Section | Serie C |
23.12.2019 ES Diario Oficial de la Unión Europea C 432/22
Lengua de procedimiento: italiano
Tribunale di Milano
Demandantes: SPV Project 1503 Srl, Dobank SpA
Demandada: YB
¿Se oponen los artículos 6 y 7 de la Directiva 93/13/CEE (1) y el artículo 47 de la Carta de los Derechos Fundamentales de la Unión Europea a una normativa nacional, como la descrita, que impide que el órgano jurisdiccional de la ejecución efectúe un control intrínseco de un título ejecutivo judicial con fuerza de cosa juzgada y que ese mismo órgano jurisdiccional, en el supuesto de que el consumidor manifieste su voluntad de invocar el carácter abusivo de la cláusula contenida en el contrato sobre cuya base se ha constituido el título ejecutivo, supere los efectos de la fuerza de cosa juzgada implícita y, de ser así, en qué condiciones
(1) Directiva 93/13/CEE del Consejo, de 5 de abril de 1993, sobre las cláusulas abusivas...
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