# C_2023104EN.01000501.xml

| 20.3.2023 | EN | Official Journal of the European Union | C 104/5 |
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20.3.2023

EN

Official Journal of the European Union

C 104/5

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Judgment of the Court (Ninth Chamber) of 2 February 2023 (request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie — Poland) — K.D. v Towarzystwo Ubezpieczeń Ż S.A.

(Case C-208/21, (1) Towarzystwo Ubezpieczeń Ż (Misleading standard assurance contracts))

(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Article 5 - Obligation to draft contractual clauses in plain intelligible language - Directive 2005/29/EC - Unfair business-to-consumer commercial practices - Article 3 - Scope - Article 7 - Misleading omission - Article 13 - Penalties - ‘Unit-linked’ life assurance contracts linked to investment funds - Information on the nature and structure of the assurance product and the risks associated with that product - Misleading standard contracts - Entity that is responsible - Legal consequences)

(2023/C 104/05)

Language of the case: Polish

Referring court

Sąd Rejonowy dla Warszawy-Woli w Warszawie

Parties to the main proceedings

Applicant: K.D.

Defendant: Towarzystwo Ubezpieczeń Ż S.A.

Operative part of the judgment

| 1. | Article 3(1) of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’),
  must be interpreted as meaning that the drafting by an assurance undertaking of a standard group life assurance contract linked to an investment fund which does not enable a consumer who is acceding to that group contract on the basis of a proposal from a second undertaking, the policyholder, to understand the nature and structure of the assurance product offered and the risks associated with it may constitute an ‘unfair commercial practice’ within the meaning of that provision and that that assurance undertaking must be held liable for that unfair commercial practice. |
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1.

Article 3(1) of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’),

must be interpreted as meaning that the drafting by an assurance undertaking of a standard group life assurance contract linked to an investment fund which does not enable a consumer who is acceding to that group contract on the basis of a proposal from a second undertaking, the policyholder, to understand the nature and structure of the assurance product offered and the risks associated with it may constitute an ‘unfair commercial practice’ within the meaning of that provision and that that assurance undertaking must be held liable for that unfair commercial practice.

| 2. | Article 3(2) of Directive 2005/29, read in conjunction with Article 13 thereof,
  must be interpreted as meaning that it does not preclude an interpretation of national law which confers on a consumer who has concluded a contract as a result of an unfair commercial practice on the part of a trader the right to seek the annulment of that contract. |
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2.

Article 3(2) of Directive 2005/29, read in conjunction with Article 13 thereof,

must be interpreted as meaning that it does not preclude an interpretation of national law which confers on a consumer who has concluded a contract as a result of an unfair commercial practice on the part of a trader the right to seek the annulment of that contract.

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(1)  
  OJ C 289, 19.7.2021.

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