Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy – Śródmieścia w Warszawie (Poland) lodged on 8 February 2021 – E.K., S.K. v D.B.P.

(Case C-80/21)

Language of the case: Polish

Referring court

Sąd Rejonowy dla Warszawy – Śródmieścia w Warszawie

Parties to the main proceedings

Applicants: E.K., S.K.

Defendant: D.B.P.

Questions 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 be interpreted as precluding a judicial interpretation of national legislation under which a court finds that a contractual term is unfair not in its entirety, but only in the part thereof which renders the term unfair, as a result of which that term remains partially effective?

Must Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts be interpreted as precluding a judicial interpretation of national legislation under which a court, having found that a contractual term is unfair, without which the contract could not continue in existence, may modify the remainder of the contract by interpreting the parties’ declarations of intent, in order to prevent the contract, which is beneficial to the consumer, from being invalid?

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1 OJ 1993 L 95, p. 29.