Case C‑396/24 [Lubreczlik] (i)
mBank S. A. and Others
v
BL and Others
(Request for a preliminary ruling from the Sąd Okręgowy w Krakowie)
Judgment of the Court (Ninth Chamber) of 19 June 2025
( Reference for a preliminary ruling – Consumer protection – Directive
93/13/EEC – Unfair terms in consumer contracts – Article 7(1) – Mortgage loan agreement indexed to a foreign currency, containing unfair terms – Effects of a finding that a term is unfair – Nullity of that agreement – Repayment by the consumer of the amount of the loan obtained under a void agreement irrespective of repayments made – Deterrent effect of the prohibition on unfair terms – Acceptance by the consumer of the claim for repayment – Obligation on the national court to make the judgment against the defendant immediately enforceable )
1.        Consumer protection – Unfair terms in consumer contracts – Directive 93/13 – Finding that a term is unfair – Scope – Mortgage loan agreement indexed to a foreign currency – Term rendering the agreement invalid because it is unfair – National case-law allowing the trader to require the consumer to repay the full nominal amount of the loan – No effect of amounts already repaid or the outstanding balance – Not permissible
(Council Directive 93/13, Arts. 6(1) and 7(1))
(see paragraphs 36-39, 42-44, operative part 1)
2.        Consumer protection – Unfair terms in consumer contracts – Directive 93/13 – Means to prevent the use of unfair terms – A consumer who has agreed to a request for the repayment of sums paid under a loan agreement that has been declared invalid – National legislation requiring the court to declare, of its own motion, that the judgment granting that application is immediately enforceable – Not permissible – Condition – National legislation which does not allow the court to take all necessary measures to protect the consumer from the particularly detrimental consequences of the contract’s cancellation
(Council Directive 93/13, Art. 7(1))
(see paragraphs 54-58, operative part 2)
See the text of the decision.
i      The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.