The Advocate General of the Court of Justice of the European Union considered that “unreasonable” that the Spanish legislation provides for only one month in which to oppose consumers to foreclosure when they consider that there are unfair contract terms. The lawyer asks Europe’s top judicial body to declare the Spanish legislation contrary to the Community directive on unfair terms in consumer contracts.
The general counsel is pronounced in response to a preliminary inquiry a court first instance on a case that pits BBVA and two individuals for foreclosure proceedings, initiated before the entry into force of the Spanish law that gives this within one month, and individuals who were sued by the entity , opposed the procedure after the expiry of that period.
The victims alleged that the period of one month to invoke the unfairness of the clauses was not subject to the EU directive governing this matter as ” too short “.
The Advocate General believes that within one month to oppose is sufficient, but believes that the problem is that the Spanish legislation equates the publication of the law in the Official Gazette a notice of character procedural. That is, the period starts from the day following the publication in the BOE day, without notification to the defendants in enforcement proceedings.
Margin impossible The jurist understands that term, as suggested by the Spanish legislation makes it impossible or very difficult for consumers to exercise their right to oppose the foreclosure recognized in the European directive, because it can be passed, for example, without consumers have been able to get effective advice or exercise the necessary actions to defend their rights.
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