Language of document :

Request for a preliminary ruling from the Sąd Rejonowy w Opatowie (Poland) lodged on 8 March 2019 — BW Sp. z o.o., having its seat in B. v D.R.

(Case C-222/19)

Language of the case: Polish

Referring court

Sąd Rejonowy w Opatowie

Parties to the main proceedings

Applicant: BW Sp. z o.o., having its seat in B.

Defendant: D.R.

Question referred

Must the provisions of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, 1 in particular Article 3(1) of that directive, and the principles of EU law concerning consumer protection and the balance between contracting parties be interpreted as precluding the introduction into national law of the concept of ‘maximum non-interest credit costs’ and the mathematical formula for calculating those costs set out in Article 5(6a), in conjunction with Article 36a, of the Ustawa o kredycie konsumenckim (Law on Consumer Credit) of 12 May 2011 (consolidated text: Dziennik Ustaw of 2018, item 993), which allow the costs of the business activity of a seller or supplier to be included in the costs related to a credit agreement that are to be borne by the consumer (the total cost of the credit)?


1 OJ 1993 L 95, p. 29.