Asuntos acumulados C-381/14 y C-385/14: Sentencia del Tribunal de Justicia (Sala Primera) de 14 de abril de 2016 (peticiones de decisión prejudicial planteadas por el Juzgado de lo Mercantil n.° 9 de Barcelona) — Jorge Sales Sinués/Caixabank, S.A. (C-381/14), y Youssouf Drame Ba/Catalunya Caixa, S.A. (Catalunya Banc, S.A.) (C-385/14) (Procedimiento prejudicial — Directiva 93/13/CEE — Contratos celebrados entre profesionales y consumidores — Contratos hipotecarios — Cláusula suelo — Examen de la cláusula con vistas a declarar su falta de validez — Procedimiento colectivo — Acción de cesación — Suspensión del procedimiento individual con el mismo objeto)
Section | información judicial |
Issuing Organization | Tribunal de Justicia de las Comunidades Europeas |
13.6.2016 ES Diario Oficial de la Unión Europea C 211/11
Lengua de procedimiento: español
Juzgado de lo Mercantil n.o 9 de Barcelona
Demandantes: Jorge Sales Sinués (C-381/14), Youssouf Drame Ba (C-385/14)
Demandadas: Caixabank, S.A. (C-381/14), y Catalunya Caixa, S.A. (Catalunya Banc, S.A.) (C-385/14)
El artículo 7 de la Directiva 93/13/CEE del Consejo, de 5 de abril de 1993, sobre las cláusulas abusivas en los contratos celebrados con consumidores, debe interpretarse en el sentido de que se opone a una normativa nacional, como la de los litigios principales, que obliga al juez que conoce de una acción individual de un consumidor, dirigida a que se declare el carácter abusivo de una cláusula de un contrato que le une a un profesional, a suspender automáticamente la tramitación de esa acción en espera de que exista sentencia firme en relación con una acción colectiva que se encuentra pendiente...
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