Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Śródmieścia w Warszawie (Poland) lodged on 9 February 2021 – B.S., Ł.S. v M.

(Case C-82/21)

Language of the case: Polish

Referring court

Sąd Rejonowy dla Warszawy-Śródmieścia w Warszawie

Parties to the main proceedings

Applicants: B.S., Ł.S.

Defendant: M.

Question referred

Must Articles 6(1) and 7(1) of Council Directive 93/13/EEC ¹ of 5 April 1993 on unfair terms in consumer contracts, as well as the principles of equivalence, effectiveness and legal certainty, be interpreted as precluding a judicial interpretation of national legislation to the effect that a consumer’s claim for the reimbursement of amounts unduly paid on the basis of an unfair term in a contract concluded between a seller or supplier and a consumer is subject to a ten-year limitation period which begins to run from the date of each performance by the consumer, even in the case where the consumer was not aware of the unfair nature of that term?

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¹ OJ 1993 L 95, p. 29.