Offplan purchase contracts

Dear Maria,

If Spanish offplan purchase contracts have not identified the Bank guaranteeing deposited monies, nor the special account into which monies are to be placed and protected according to Ley 57/68, could this European Union Directive be utilised in the litigation process in favour of the offplan purchaser

“the European Union’s 1993 Unfair Terms in Consumer Contracts (93/13EEC) directive on consumer protection”?

Are the Spanish judiciary legally bound to take this European directive into account when making their final rulings in conjunction with existing case law? Would this require that existing lawsuits have to be resubmitted to make specific reference to this European directive, or would the European directive in itself be sufficient to guide judges to ensure that the consumer is protected in this regard?

Maria, do you have any guidance on this please (see below).

Many thanks.

Keith,

Do you have any advice to offer on this please (see below)?

When and how could this European Directive be employed with regard to offplan purchase contracts?