Case C-396/24, Lubreczlik: Request for a preliminary ruling from the Sąd Okręgowy w Krakowie (Poland) lodged on 6 June 2024 – PU, QS v mBank S.A., BL, CY
Date: 2024-06-06
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, debt, enforcement of ruling, redemption, termination of a contract, unfair terms of contract








C_202405301EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5301


9.9.2024






Request for a preliminary ruling from the Sąd Okręgowy w Krakowie (Poland) lodged on 6 June 2024 – PU, QS v mBank S.A., BL, CY


(Case C-396/24, Lubreczlik)
                (1)

(C/2024/5301)
Language of the case: Polish

Referring court

Sąd Okręgowy w Krakowie

Parties to the main proceedings


Applicant: PU, QS

Defendant: mBank S.A., BL, CY

Questions referred







1.


Does Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29) (2) preclude national case-law according to which the consumer is obliged, in the event that an unfair term is found in a contract, in particular a loan agreement concluded with a consumer, and this results in the cancellation of the contract, or in particular the cancellation of the loan agreement, to reimburse the seller or supplier for the entire nominal amount of the loan received from the seller or supplier in performance of the cancelled contract, irrespective of the value of the repayments made by the consumer in performance of this contract and irrespective of the actual amount remaining to be repaid, while the seller or supplier is entitled to demand from the consumer the reimbursement of the entire nominal amount of the loan paid out to the consumer in performance of the cancelled contract, irrespective of the value of the repayments made by the consumer in performance of the contract and irrespective of the actual amount remaining to be repaid?










2.


Does Article 7(1) of Council Directive 93/13/EEC […] preclude national case-law according to which the national court, when adjudicating on a case relating to the reimbursement of sums paid by a seller or supplier to a consumer in performance of a cancelled loan agreement, is obliged to award the seller or supplier the entire amount paid out by the latter to the consumer in performance of the cancelled loan agreement, irrespective of whether the consumer remains indebted to the seller or supplier and irrespective of the value of the payments made by the consumer to the seller or supplier in performance of the cancelled loan agreement?










3.


Does Article 7(1) of Council Directive 93/13/EEC […] preclude provisions of national law according to which the national court, in the event that it grants the consumer’s claim in a case brought by the seller or supplier, has an ex officio obligation to direct that the judgment awarding the claim be made immediately enforceable?






(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

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


ELI: http://data.europa.eu/eli/C/2024/5301/oj
ISSN 1977-091X (electronic edition)