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Nicolae-Horia ȚIȚ: Approval of Enforcement of Consumers - European Requirements, National ...

Abstract: The article analyzes some of the characteristics of the procedure for approving the forced execution, regulated by art. 666 of the Code of Civil Procedure, by reference to the CJEU's practice regarding the forced execution of consumer debtors. Under national law, the procedure for approving enforcement is non-contentious; the judge only makes a formal verification of the conditions provided by law, on the basis of which he issues an order. The jurisprudence of the CJEU has outlined the solution of the court's obligation to order a verification, even ex officio, of the abusive nature of the clauses contained in the contract under which the enforcement procedure is initiated, as soon as it has the necessary factual and legal elements. In relation to this case law, the question arises whether current national legislation complies with the requirements of European consumer protection law and what are the possible remedies. In order to make this analysis, the judgment of the Court of Justice of the European Union of 26.06.2019 in case C-407/18 (Addiko Bank) was chosen as a benchmark, highlighting, comparatively, the characteristics of Slovenian national law taken into account in this judgment and those of Romanian law.

Keywords: enforcement; approval; consumer; abusive clauses


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