Ordinance delivered by the CJEU, in case C-75/19, regarding the possibility to invoke abusive clauses in the appeal against enforcement. Is there a case-law revival? Cover Image
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Ordonanţa pronunţată de CJUE, în cauza C-75/19, cu privire la posibilitatea invocării clauzelor abuzive în cadrul contestaţiei la executare. Reviriment jurisprudenţial?
Ordinance delivered by the CJEU, in case C-75/19, regarding the possibility to invoke abusive clauses in the appeal against enforcement. Is there a case-law revival?

Author(s): Radu-Mihai Necula
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: abusive clauses; appeal against enforcement; ordinance delivered by the CJEU in case C-75/19; Aziz decision; CJEU;

Summary/Abstract: The purpose of this study shall consist in the examination of the judicial effects which the ordinance delivered by the CJEU in case C-75/19, regarding the possibility to invoke the abusive clauses within the appeal against enforcement, shall produce over the domestic law and in determining whether the intent of the Court was to pursue, according to the above-mentioned ordinance, to amend the case-lawstandard which the Court had previously imposed, as regards the possibility to invoke the abusive clauses within the appeal against enforcement, by Aziz decision rendered in the case C-415/11.

  • Issue Year: 2019
  • Issue No: 4
  • Page Range: 39-47
  • Page Count: 9
  • Language: Romanian