The European Commission is requesting Spain to bring its national laws on civil procedure regulating mortgage enforcement and payment orders in line with EU Consumer Law.
The aim of the Commission’s action is to ensure that consumers are fully protected against unfair contract terms.
The Directive (Council Directive 93/13/EEC) on unfair terms in consumer contracts guarantees that, whenever the contract has not been individually negotiated, the consumer is not bound by unfair terms.
A contract term is considered unfair if it is significantly imbalanced and against the requirement of good faith.
Member States must make sure that national law provides effective means to enforce these rights and that such unfair terms are no longer used by businesses.
Whilst welcoming the changes that the Spanish authorities brought to the civil procedure, following the Court of Justice’s Mohamed Aziz (C-415/11) ruling of March 2013, the Commission still has a number of concerns. If Spain fails to reply in a satisfactory way within two months, the Commission may send to the Spanish authorities a reasoned opinion.
Source: European Commission