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  • cjueInstanţa de la Bruxelles a decis ca în cazul în care există suspiciunea că creditorii folosesc clauze abuzive, instanţele naţionale să verifice contractele de credit înainte să încuviinţeze executarea silită. Concret, este vorba de contractele preformulate, folosite de foarte multe bănci. Interesant este că măsura CJUE este retroactivă, astfel că şi contractele semnate în trecut intră sub incidenţa ei.
    CJUE a fost sesizată de un tribunal spaniol în ceea ce priveşte executările silite. În 17 iulie, Curtea de Justiţie a Uniunii Europene s-a pronunţat faţă de decizia unei instanţe spaniole în aprilie 2014, în procedura dintre doi cetăţeni spanioli, Juan Carlos Sánchez Morcillo şi María del Carmen Abril García, şi Banco Bilbao Vizcaya Argentaria. Acţiunea a fost judecată cu celeritate de către Curte şi a fost tradusă imediat în limbile franceză, spaniolă şi română.
    Curtea de Justiţie Europeană are o jurisprudenţă ce se aplică şi în statele membre astfel că deciziile ei trebuie aplicate şi de instanţele naţionale.

    Acest articol este proprietatea Pagina de Bănci și este protejat de legea drepturilor de autor. Orice preluare a conținutului se poate face doar în limita a 500 de semne, cu citarea sursei și cu link către pagina acestui articol.

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