Official Journal of the European Union
Request for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 20 December 2021 — Banco Santander, S.A. v OG
Language of the case: Spanish
Audiencia Provincial de Barcelona
Parties to the main proceedings
Appellant: Banco Santander, S.A.
In relation to the pursuit of an action to enforce the restitutory effects of a declaration of nullity of a term under which the borrower is required to pay the costs of formalising the contract, is it compatible with Article 6(1) and Article 7(1) of Directive 93/13 (1) to make the bringing of the action subject to a 10-year limitation period which starts to run from when the term exhausts its effects upon settlement of the final payment, the point at which the consumer becomes aware of the facts which establish the unfairness, or is it necessary for the consumer to be in possession of additional information concerning the legal assessment of the facts?
Given that the action for restitution is subject to a long limitation period of 10 years, at what point must the consumer be in a position to be aware of the unfairness of the term and of the rights granted to him or her under Directive 93/13 — before the limitation period starts to run or before that period expires?
If knowledge of the legal assessment of the facts is necessary, must the start of the limitation period be made subject to the existence of settled case-law concerning the nullity of the term or may the national court take other, different circumstances into consideration?
(1) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).