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REAL ESTATE, NEXUS GROUP, INFORMA

For its part, the defendant financial institution argued that the request for a preliminary ruling was not appropriate, because it is an act already clarified by the case law of the CJEU. In addition, it requested that, alternatively, it be recorded in the order of objection, in relation to Articles 6.1 and 7.1 of Directive 93/13 / EEC, that the statute of limitations for the action was 15 years when it was held the contract and that can be repeatedly interrupted with a simple out-of-court claim.

In the order notified to the parties, dated July 22, 2021, the Chamber states that it is constant jurisprudence of the CJEU that when the Member States apply Union Law, they must respect the general principles of that order, among the which include the principle of legal certainty and that of protection of legitimate expectations.

Various pronouncements of the CJEU rule out that the initial day of the statute of limitations for this type of action is the date on which the contract is concluded or the date on which the undue payments were made, so there would be two different options to consider.

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