Order of the Court (Ninth Chamber) of 12 January 2024 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie – Poland) – mBank S.A. v KŁ, JŁ

(Case C-488/23, ¹ Naniowski ² )

(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 6(1) and Article 7(1) – Mortgage loan agreement indexed to a foreign currency – Effects of the annulment of that agreement in its entirety – Judicial adjustment of the payment corresponding to the capital made available)

Language of the case: Polish

Referring court

Sąd Okręgowy w Warszawie

Parties to the main proceedings

Applicant: mBank S.A.

Defendants: KŁ, JŁ

Operative part of the order

Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted, in the context of the annulment in its entirety of a mortgage loan agreement concluded by a credit institution with a consumer on the ground that the contract contains unfair terms without which it cannot continue in existence, as meaning that they preclude a judicial interpretation of the law of a Member State according to which that institution is entitled to seek from that consumer, in addition to the reimbursement of the sums corresponding to the capital paid in respect of the performance of that agreement and default interest at the statutory rate from the date on which notice is served, compensation consisting of a judicial adjustment of the payment corresponding to that capital, in the event of a substantial change in the purchasing power of the currency concerned after the transfer of that capital to the consumer.

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¹ Date lodged: 31.7.2023.

¹ The name of this case is a fictitious name. It does not correspond to the real name of any party to the proceedings.