EJECUCIÓN HIPOTECARIA Y CLÁUSULAS ABUSIVAS (A PROPÓSITO DE LA CUESTIÓN PREJUDICIAL PLANTEADA EN EL ASUNTO MOHAMED AZIZ C. CATALUNYACAIXA).

Abstract

The purpose of this paper is to analyze the arguments put forward by the Advocate General Juliane Kokott in her conclusions delivered on 8 November 2012 in the Case Mohamed Aziz c. CatalunyaCaixa, regarding the respect or disrespect of the Spanish legislation in cases of foreclosure against the background of EU Law on unfair terms in consumer contracts, materialized mainly in the Directive 93/13/EEC of the Council of 5 April 1993. These conclusions have stemmed from a preliminary ruling submitted by the Commercial Court No. 3 of Barcelona which was assigned the declaratory proceeding subsequent a foreclosure and it questions the validity, on cause of abuse, of some terms of the loan contract signed between the bank Caixa d'Estalvis de Catalunya, Tarragona and Manresa (CatalunyaCaixa) and Mr. Mohamed Aziz in July 2007.