# C_2023035EN.01003302.xml

| 30.1.2023 | EN | Official Journal of the European Union | C 35/33 |
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30.1.2023

EN

Official Journal of the European Union

C 35/33

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Request for a preliminary ruling from the Sąd Rejonowy dla Krakowa — Podgórza w Krakowie (Poland) lodged on 3 November 2022 — Profi Credit Polska S.A. v G.N.

(Case C-678/22)

(2023/C 35/39)

Language of the case: Polish

Referring court

Sąd Rejonowy dla Krakowa — Podgórza w Krakowie

Parties to the main proceedings

Applicant: Profi Credit Polska S.A.

Defendant: G.N.

Questions referred

| 1. | Should Article 10(2)(f) in conjunction with Article 3(j) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (1) in view of the principle of EU law effectiveness and the purpose of this directive, and in the light of Article 3(1) and (2) in conjunction with Article 4(1) of Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (2) be interpreted in such a way that they oppose the practice of including in consumer credit contracts the content of which is not the result of individual arrangements between the supplier (lender) and consumer (borrower) provisions that provide for interest not only on the amount disbursed to the consumer, but also on non-interest credit costs (that is to say, commissions or other fees that are not components of the credit amount disbursed to the consumer, and that make up the total amount to be paid by the consumer in performance of their obligation under the consumer credit contract)? |
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1.

Should Article 10(2)(f) in conjunction with Article 3(j) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (1) in view of the principle of EU law effectiveness and the purpose of this directive, and in the light of Article 3(1) and (2) in conjunction with Article 4(1) of Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (2) be interpreted in such a way that they oppose the practice of including in consumer credit contracts the content of which is not the result of individual arrangements between the supplier (lender) and consumer (borrower) provisions that provide for interest not only on the amount disbursed to the consumer, but also on non-interest credit costs (that is to say, commissions or other fees that are not components of the credit amount disbursed to the consumer, and that make up the total amount to be paid by the consumer in performance of their obligation under the consumer credit contract)?

| 2. | Should Article 10(2)(f) and (g) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008 L 133, p. 66) in view of the principle of EU law effectiveness and the purpose of this directive, and in the light of Article 5 of Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) be interpreted in such a way that they oppose the practice of including in consumer credit contracts the content of which is not the result of individual arrangements between the supplier (lender) and consumer (borrower) provisions disclosing only the borrowing rate and total value of capitalised interest expressed in amounts that the consumer is required to pay in the performance of their obligation arising under this contract, without at the same time clearly informing the consumer that the basis for calculating the capitalised interest (expressed as an amount) is an amount other than the credit amount actually disbursed to the consumer, and in particular, that it is the sum of the credit amount disbursed to the consumer and non-interest credit costs (that is to say, commissions or other fees that are not components of the credit amount disbursed to the consumer, and that make up the total amount to be paid by the consumer in performance of their obligation under the consumer credit contract)? |
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2.

Should Article 10(2)(f) and (g) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008 L 133, p. 66) in view of the principle of EU law effectiveness and the purpose of this directive, and in the light of Article 5 of Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) be interpreted in such a way that they oppose the practice of including in consumer credit contracts the content of which is not the result of individual arrangements between the supplier (lender) and consumer (borrower) provisions disclosing only the borrowing rate and total value of capitalised interest expressed in amounts that the consumer is required to pay in the performance of their obligation arising under this contract, without at the same time clearly informing the consumer that the basis for calculating the capitalised interest (expressed as an amount) is an amount other than the credit amount actually disbursed to the consumer, and in particular, that it is the sum of the credit amount disbursed to the consumer and non-interest credit costs (that is to say, commissions or other fees that are not components of the credit amount disbursed to the consumer, and that make up the total amount to be paid by the consumer in performance of their obligation under the consumer credit contract)?

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(1)  OJ 2008 L 133, p. 66.

(2)  OJ 1993 L 95, p. 29.

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