Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 25 May 2023 – OF, EI, RI v M.K., syndykowi masy upadłości Getin Noble Bank S.A. w upadłości (uprzednio Getin Noble Bank S.A.)
(Case C-324/23, Myszak) 1
Language of the case: Polish
Referring court
Sąd Okręgowy w Warszawie
Parties to the main proceedings
Applicants: OF, EI, RI
Defendants: M.K., syndyk masy upadłości Getin Noble Bank S.A. w upadłości (uprzednio Getin Noble Bank S.A.)
Question referred
Must Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, 1 in the light of the principles of effectiveness and proportionality, and also Articles 34(1)(b) and (g) and 70(1) and (4) of Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms, 2 be interpreted as precluding national legislation under which, in relation to a bank against which special resolution has been initiated, it is not permissible to grant a consumer’s application for an interim measure (securing of the action) suspending, during the course of the court proceedings, the obligation to pay the capital and interest instalments under the loan agreement, which is likely to be declared invalid by a court as a result of the removal of unfair contractual terms from it, on the sole ground that that bank has been put under special resolution?
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1 The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
1 OJ 1993 L 95, p. 29.
1 OJ 2014 L 173, p. 190.