European Court of Justice judgement C-415/11 Aziz

Type: NEWS   Référence: 93586   Durée: 00:03:18   Première transmission: 14/03/2013  Lieu: Luxembourg (town), Luxembourg - Court of Justice of the EC
Fin de production: 14/03/2013
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.

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00:00:00 Title 00:00:05
00:00:05 Exterior view of the Court of Justice of the EU, Luxembourg (2 shots) 00:00:08
00:00:13 Cutaway of the courtroom (3 shots) 00:00:15
00:00:28 Arrival of the judges 00:00:12
00:00:40 SOUNDBITE by Lars Bay Larsen, Judge at the Court of Justice (In French) reading the judgment in the case C-415/11 Aziz 00:02:26
00:03:06 Cutaway of the courtroom (2 shots) 00:00:12
00:03:18 End 00:00:00
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