Request for a preliminary ruling from the Sąd Okręgowy w Krakowie (Poland) lodged on 30 January 2024 – Alior Bank S.A. v J.D.

(Case C-71/24, Alior Bank)

Language of the case: Polish

Referring court

Sąd Okręgowy w Krakowie

Parties to the main proceedings

Applicant: Alior Bank S.A.

Defendant: J.D.

Questions referred

Should Article 10(2)(f) read in conjunction with Article 3(j) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, ¹ in view of the principle of the effectiveness of EU law and the purpose of that directive, and in the light of Article 3(1) and (2) read in conjunction with Article 4(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, ² be interpreted in such a way that they oppose the practice of including in consumer credit agreements the content of which is not the result of individual arrangements between the supplier (creditor) and consumer (borrower) provisions that provide for interest not only on the amount disbursed to the consumer, but also on the non-interest credit costs (that is to say, commissions or other fees that are not components of the credit amount disbursed to the consumer, and that make up the total amount to be paid by the consumer in performance of his or her obligation under the consumer credit agreement)?

Should Article 10(2)(f) and (g) of Directive 2008/48/EC of the European Parliament and of the Council , in view of the principle of the effectiveness of EU law and the purpose of that directive, and in the light of Article 5 of Directive 93/13/EEC, be interpreted in such a way that they oppose the practice of including in consumer credit agreements the content of which is not the result of individual arrangements between the supplier (creditor) and consumer (borrower) provisions disclosing only the borrowing rate and total value of capitalised interest expressed in amounts that the consumer is required to pay in the performance of his or her obligation arising under that agreement, without at the same time clearly informing the consumer that the basis for calculating the capitalised interest (expressed as an amount) is an amount other than the credit amount actually disbursed to the consumer, and in particular, that it is the sum of the credit amount disbursed to the consumer and non-interest credit costs (that is to say, commissions or other fees that are not components of the credit amount disbursed to the consumer, and that make up the total amount to be paid by the consumer in performance of his or her obligation under the consumer credit agreement)?

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¹ OJ 2008 L 133, p. 66.

¹ OJ 1993 L 95, p. 29.