Order of the Court (Ninth Chamber) of 3 May 2024 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie – Poland) – KCB, MB v BNP Paribas Bank Polska S.A.
(C-348/23, 1 BNP Paribas Bank Polska)
(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Mortgage credit agreement in foreign currency – Unfair terms concerning the currency conversion – Invalidity of the contract – Legal effects – Condition precedent – Declaration by the consumer)
Language of the case: Polish
Referring court
Sąd Okręgowy w Warszawie
Parties to the main proceedings
Applicants: KCB, MB
Defendant: BNP Paribas Bank Polska S.A.
Operative part of the order
Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
must be interpreted as precluding, in the context of the cancellation in its entirety of a mortgage credit agreement concluded with a consumer by a banking institution on the ground that that agreement contains an unfair term without which it cannot continue in existence, a judicial interpretation of national law according to which the legal effects arising from the finding of the invalidity of that contract in its entirety are subject to the condition precedent that that consumer presents before a national court a declaration by which he or she declares, first, that he or she does not consent to that term remaining effective, second, that he or she is aware of (i) the fact that the invalidity of that term entails the cancellation of the mortgage credit agreement and (ii) the consequences of that cancellation, and, third, that he or she consents to the cancellation of that agreement.
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1 OJ C 321, 11.9.2023.