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Document 62021CN0600
Case C-600/21: Request for a preliminary ruling from the Cour de cassation (France) lodged on 28 September 2021 — QE v Caisse régionale de Crédit mutuel de Loire-Atlantique et du Centre Ouest
Case C-600/21: Request for a preliminary ruling from the Cour de cassation (France) lodged on 28 September 2021 — QE v Caisse régionale de Crédit mutuel de Loire-Atlantique et du Centre Ouest
Case C-600/21: Request for a preliminary ruling from the Cour de cassation (France) lodged on 28 September 2021 — QE v Caisse régionale de Crédit mutuel de Loire-Atlantique et du Centre Ouest
IO C 502, 13.12.2021, p. 15–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
13.12.2021 |
EN |
Official Journal of the European Union |
C 502/15 |
Request for a preliminary ruling from the Cour de cassation (France) lodged on 28 September 2021 — QE v Caisse régionale de Crédit mutuel de Loire-Atlantique et du Centre Ouest
(Case C-600/21)
(2021/C 502/23)
Language of the case: French
Referring court
Cour de cassation
Parties to the main proceedings
Applicant: QE
Respondent: Caisse régionale de Crédit mutuel de Loire-Atlantique et du Centre Ouest
Questions referred
1. |
Are Article 3(1) and Article 4 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts to be interpreted as meaning that a consumer contract (1) may not dispense with the requirement for a formal written demand, even if it is expressly and unequivocally provided for in the contract? |
2. |
Is the judgment of the Court of Justice of the European Union of 26 January 2017, Banco Primus, C-421/14, [EU:C:2017:60,] to be interpreted as meaning that a delay of over 30 days in the payment of a single instalment of principal, interest or incidental amounts may constitute sufficiently serious non-compliance in the light of the term and amount of the loan and the overall balance of the contractual relationship? |
3. |
Are Article 3(1) and Article 4 of Council Directive 93/13/EEC of 5 April 1993 to be interpreted as precluding a clause which provides that accelerated repayment of a loan may be triggered in the event of a delay in payment of over 30 days, when national law, which requires a formal written demand to be sent before the accelerated repayment of the loan, permits the parties to dispense with that step, in which case reasonable notice is required? |
4. |
As to the four criteria identified by the Court of Justice of the European Union in its judgment of 26 January 2017, Banco Primus, C-421/14, [EU:C:2017:60], for use by the national court in assessing the potential unfairness of the term relating to accelerated repayment resulting from a failure on the part of the debtor to comply with his obligations during a limited specific period, are those criteria cumulative or alternative? |
5. |
If the four criteria referred to above are cumulative, can the clause nevertheless be held not to be unfair in the light of the relative importance of a particular criterion? |