Case C‑746/24 [Gryczara] (i)
Bank Millennium S.A.
v
PR
(Request for a preliminary ruling from the Sąd Okręgowy w Warszawie)
Judgment of the Court (Ninth Chamber) of 27 November 2025
( Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Effects of a finding that a term is unfair – Invalidity of the contract – Action brought by a seller or supplier for restitution of the loan capital paid under an agreement declared invalid – Rules on the award of costs – Different methods of calculating court costs according to the status of the applicant – Principle of effectiveness – Obligation to interpret national law in conformity with EU law )
Consumer protection – Unfair terms in consumer contracts – Directive 93/13 – Means to prevent the use of unfair terms – Rules on the award of costs – National legislation under which a consumer may be ordered to pay significantly higher costs in an action for restitution of the loan capital brought by a seller or supplier than in an action brought by the consumer for a declaration that a contractual term is unfair – Different methods of calculating court costs according to the status of the applicant – Not permissible – Failure to comply with the principle of effectiveness – Obligation on the national court to verify conforming interpretation
(Council Directive 93/13, Arts 6(1) and 7(1))
(see paragraphs 46-63, operative part)
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 of the parties to the proceedings.