Date of the decision : 7 April 2014
Relevant Articles: Article 47 (right to property) of the Charter of Fundamental Rights of the European Union
Undefined
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Judgment of 17 July 2014, Sánchez Morcillo and Abril García, C-169/14
Judgment of 14 March 2013, Aziz, C-415/11
In July 2007, Mr Aziz, a Moroccan national residing in Spain, concluded with the bank Catalunya Caixa a loan agreement to the value of €138,000 secured by a mortgage over his family home. He stopped paying his instalments with effect from June 2008. After having called upon him to pay without success, the bank initiated enforcement proceedings against him. When Mr Aziz failed to appear, execution was ordered.
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Case C-34/13 Kušionová v SMART Capital a.s. [10.09.2014]
Date of the decision: September 10, 2014
Jurisdiction: Court of Justice of the European Union
Country: Slovakia
Subject: Directive 93/13/EEC - Unfair terms - Consumer credit agreement - Article 1(2) - Term reflecting a mandatory statutory provision - Scope of the directive - Articles 3(1), 4, 6(1) and 7(1) - Security for credit in the form of a charge on immovable property - Whether it is possible to enforce the charge by means of a sale by auction - Judicial review.
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