On 14 March 2013, Lars Bay Larsen, Judge at the Court of Justice of the EU, pronounced his judgment in the case Aziz (C-415/11), in Luxembourg.
Mr Aziz, the claimant in the main proceedings, had concluded a loan agreement with the defendant bank in order to finance his own home and created a mortgage to secure that loan. Because of payment difficulties experienced by Mr Aziz, the defendant initiated proceedings for enforcement against the property in the simplified mortgage enforcement proceedings provided for under Spanish law.
After the conclusion of the enforcement proceedings, Mr Aziz complained in separate proceedings that a term of the loan agreement was unlawful. According to the referring court, it is not possible to claim that terms of the loan agreement are unfair in mortgage enforcement proceedings. Consumers may make such a complaint only in separate declaratory proceedings. However, they cannot influence enforcement with those proceedings. Against this background, the referring court asks about the compatibility with Directive 93/13 of national procedural rules which preclude the ground of objection that terms are unlawful. It also asks whether individual terms of the loan agreement are unlawful.
Only the original language version is authentic and it prevails in the event of its differing from the translated versions.