EL FUTURO DE LA EJECUCIÓN HIPOTECARIA ESPAÑOLA TRAS LA SENTENCIA DEL TRIBUNAL DE JUSTICIA DE LA UNIÓN EUROPEA, DE 14 DE MARZO DE 2013 (MOHAMED AZIZ C. CATALUNYACAIXA).

Abstract

The Advocate General, Juliane Kokott released her conclusions on the compatibility of Spanish legislation on foreclosure with Directive 93/13/EC, on account of a preliminary ruling submitted by Barcelona Commercial Court num. 3, delving specially into the ability of the Court to discuss in this procedure the existence and scope of unfair terms. The 14 March 2013, the Court of Justice ratified in its Judgment the previous conclusions of Advocate General Kokott. The Judgement seems to call for the amendment of Spanish procedural law and apparently leaves room for national courts to challenge ongoing evictions. The purpose of this article is to analyze the reasoning of the Court of justice, the reform possibilities and the likely reactions of courts prior and posterior to such eventual amendment.