Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 5 June 2023 – KCB, MB v BNP Paribas Bank Polska S.A.

(Case C-348/23, BNP Paribas Bank Polska)

Language of the case: Polish

Referring court

Sąd Okręgowy w Warszawie

Parties to the main proceedings

Applicants: KCB, MB

Defendant: BNP Paribas Bank Polska S.A.

Question referred

Should Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts ¹ and the principles of effectiveness and equivalence be interpreted as precluding a judicial interpretation of national legislation according to which:

1.    the consumer may not validly pursue claims against a trader arising from the inclusion of unfair terms in an agreement until he or she has declared that he or she does not agree to the unfair terms remaining in force, agrees to exclude their application, and understands and accepts the consequences thereof, potentially including the invalidity of the entire agreement,

2.    the consumer may not validly claim recovery from the trader of sums unduly paid on the basis of the unfair terms until he or she has made the above declaration,

3.    the consumer’s claim for recovery of sums unduly paid on the basis of the unfair terms does not become payable until he or she has made the above declaration,

4.    the trader is not required to pay the consumer statutory interest for late performance until it has knowledge of the above declaration by the consumer?

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¹ OJ 1993 L 95, p. 29.