Case C-831/24, Machski: Request for a preliminary ruling from the Sąd Rejonowy w Białymstoku (Poland) lodged on 5 December 2024 – K.J. v P.
Date: 2024-12-05
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, cost of borrowing, redemption








C_202501407EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/1407


10.3.2025






Request for a preliminary ruling from the Sąd Rejonowy w Białymstoku (Poland) lodged on 5 December 2024 – K.J. v P.


(Case C-831/24, Machski)
                (1)

(C/2025/1407)
Language of the case: Polish

Referring court

Sąd Rejonowy w Białymstoku

Parties to the main proceedings


Party initiating the proceedings before the referring court: K.J.

Other party to the proceedings: P.

Questions referred







1.


Should Article 23 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 […] be interpreted to mean that this Directive imposes an obligation on a national court, when hearing a case in which a consumer invokes the obligation incumbent on the creditor to return any sums overpaid as a result of the consumer making use of a penalty provided for under national law, based on the right to submit to the creditor a written declaration meaning that the consumer’s obligations to pay interest on the capital and other credit costs cease, to examine ex officio whether the creditor infringed any provisions of national law other than those invoked by the consumer in the written declaration submitted to the creditor but whose infringement also entitles the consumer to make use of the aforesaid penalty?










2.


Should Article 10(2)(r) 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 (2) […] be interpreted to mean that the requirement to specify in a clear manner the procedure for early repayment imposes on the creditor an obligation to draw up a description of the course of action in such a way that the consumer executing the agreement is able, without obtaining additional information from the creditor (or making additional arrangements with the latter), to establish step by step who is responsible for performing the actions involved in early repayment, how they should be performed and in what order, with a clear indication of the event that forms the final step in this procedure?










3.


Should Article 23 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 […] be interpreted to mean that a failure to fulfil the obligation to specify in a clear and concise manner the procedure for early repayment within the meaning of Article 10(2)(r) of this Directive always necessitates the application of penalties against the creditor, or can the application of penalties depend on the extent to which the relevant obligation has been infringed; in particular, is a decision to refrain from applying a penalty admissible in a situation where the procedure for early repayment was not outlined in full and this did not have a detrimental impact on the consumer’s rights and obligations given the circumstances of the specific case?






(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 2008 L 133, p. 66.


ELI: http://data.europa.eu/eli/C/2025/1407/oj
ISSN 1977-091X (electronic edition)