42In the second place, the fact that the enforcement of the charge has not yet been completed does not mean that those questions are hypothetical. First, the referring court points out that SMART Capital has actually taken steps against the consumer with a view to the sale of the property subject to the charge. Secondly, even though the enforcement of the charge has not been concluded, the questions referred do not so much seek to ascertain whether the sale has been completed as to determine whether the creditor may de jure proceed with such a sale and whether judicial remedies are available to the debtor to contest the enforcement.
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