… In that regard, the referring court states, first, that, unlike the five-year
limitation
period
laid down by the Spanish Civil Code, the
limitation
period
is extended to 10 years within the territorial scope of the Catalan Civil Code and, second, that the bringing of an action is favoured in the national legal system, in so far as a mere out-of-court claim constitutes a ground for
interruption
of the
limitation
period
and causes the entire period to start running afresh.
38 In those circumstances …
… has previously held that Article 6(1) and Article 7(1) of that directive do not preclude national legislation which, while providing that an action for a declaration of nullity of an unfair term in a contract concluded between a seller or supplier and a consumer is not subject to a time limit, subjects the action to enforce the restitutory
effects
of that finding to a limitation period, provided that the
principles
of
equivalence
and
effectiveness
are observed (judgment of 10 June 2021, BNP Paribas …
… once the claim has arisen and becomes enforceable, and once the holder of the claim is, or could reasonably be, aware of the circumstances giving rise to the claim and the person against whom it may be brought.’
8 Under Article 121-11 of that code:
‘The following shall constitute grounds for
interrupting
the
limitation
period
:
(a) the bringing of the action before the courts, even if it is dismissed on the basis of a procedural defect;
(b) the initiation of arbitration proceedings relating to the …