Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi (Poland) lodged on 20 September 2023 – R.S.

(Case C-582/23, Wiszkier ¹ )

Language of the case: Polish

Referring court

Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi

Parties to the main proceedings

Applicant: R.S.

Other parties: C. S.A., P.C. (bankruptcy administrator for R.S. and M.S.), M.K. (insolvency administrator for G. S.A., in liquidation), J.J., and M.G.

Questions 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 be interpreted as precluding rules of national law which provide that the bankruptcy court is bound by the list of claims approved by the judge-commissioner in bankruptcy proceedings, thereby preventing the bankruptcy court which gives the final ruling in the proceedings from assessing whether contractual terms are unfair?

Must Articles 6(1) and 7(1) of [Directive 93/13/EEC] be interpreted as precluding rules of national law which prohibit the ordering of interim measures in bankruptcy proceedings and which are therefore liable to deter consumers from availing themselves of the protection afforded them by [that directive]?

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¹ This case has been given a fictitious name which does not correspond to the real names of any of the parties to the proceedings.

¹ OJ 1993 L 95, p 29.