Océano Grupo Editorial SA V Roció Murciano Quintero (C-240/98 ...

SummaryPartiesGroundsDecision on costsOperative part

1. Approximation of laws - Unfair terms in consumer contracts - Directive 93/13 - Unfair term within the meaning of Article 3 - Meaning - Jurisdiction clause - Inclusion - Criteria

(Council Directive 93/13, Article 3)

2. Approximation of laws - Unfair terms in consumer contracts - Directive 93/13 - Power of the national court to determine of its own motion whether a term of a contract is unfair when making its assessment of the contract - Obligation to ensure the effectiveness of the directive when national law is applied

(Council Directive 93/13, Arts. 6 and 7)

1. Where a jurisdiction clause is included, without being individually negotiated, in a contract between a consumer and a seller or supplier and where it confers exclusive jurisdiction on a court in the territorial jurisdiction of which the seller or supplier has his principal place of business, it must be regarded as unfair within the meaning of Article 3 of Directive 93/13 on unfair terms in consumer contracts in so far as it causes, contrary to the requirement of good faith, a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

( see para. 24 )

2. The protection provided for consumers by Directive 93/13 on unfair terms in consumer contracts entails the national court being able to determine of its own motion whether a term of a contract before it is unfair when making its preliminary assessment as to whether a claim should be allowed to proceed before the national courts.

The national court is obliged, when it applies national law provisions predating or postdating the said Directive, to interpret those provisions, so far as possible, in the light of the wording and purpose of the Directive. The requirement for an interpretation in conformity with the Directive requires the national court, in particular, to favour the interpretation that would allow it to decline of its own motion the jurisdiction conferred on it by virtue of an unfair term.

( see paras. 29, 32, operative part 1-2 )

In Joined Cases C-240/98 to C-244/98,

REFERENCE to the Court under Article 177 of the EC Treaty (now Article 234 EC) by the Juzgado de Primera Instancia No 35 de Barcelona, Spain, for a preliminary ruling in the proceedings pending before that court between

Océano Grupo Editorial SA

and

Rocío Murciano Quintero (C-240/98)

and between

Salvat Editores SA

and

José M. Sánchez Alcón Prades (C-241/98),

José Luis Copano Badillo (C-242/98),

Mohammed Berroane (C-243/98),

Emilio Viñas Feliu (C-244/98),

on the interpretation of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29),

THE COURT,

composed of: G.C. Rodríguez Iglesias, President, L. Sevón (President of Chamber), P.J.G. Kapteyn, C. Gulmann, J.-P. Puissochet, G. Hirsch, P. Jann (Rapporteur), H. Ragnemalm, M. Wathelet, V. Skouris and F. Macken, Judges,

Advocate General: A. Saggio,

Registrar: H.A. Rühl, Principal Administrator,

after considering the written observations submitted on behalf of:

- Océano Grupo Editorial SA and Salvat Editores SA, by A. Estany Segalas, of the Barcelona Bar,

- the Spanish Government, by S. Ortíz Vaamonde, Abogado del Estado, acting as Agent,

- the French Government, by K. Rispal-Bellanger, Head of Subdirectorate in the Legal Directorate of the Ministry of Foreign Affairs, and R. Loosli-Surrans, Chargé de Mission in that Directorate, acting as Agents,

- Commission of the European Communities, by J.L. Iglesias Buhigues, Legal Adviser, and M. Desantes Real, a national civil servant on secondment to the Commission's Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Océano Grupo Editorial SA, Salvat Editores SA, the Spanish Government, the French Government and the Commission at the hearing on 26 October 1999,

after hearing the Opinion of the Advocate General at the sitting on 16 December 1999,

gives the following

Judgment

1 By orders of 31 March 1998 (C-240/98 and C-241/98) and 1 April 1998 (C-242/98, C-243/98 and C244/98) received at the Court on 8 July 1998, the Juzgado de Primera Instancia (Court of First Instance) No 35, Barcelona, referred to the Court for a preliminary ruling under Article 177 of the EC Treaty (now Article 234 EC) a question on the interpretation of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L...