Summary:
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Original Article:
Judgment of the Court (Ninth Chamber) of 19 June 2025 (request for a preliminary ruling from the Sąd Okręgowy w Krakowie – Poland) – PU, QS, mBank S.A. v mBank S.A., BL, CY
(Case C-396/24, Lubreczlik)
(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)
(C/2025/4253)
Language of the case: Polish
Referring court
Sąd Okręgowy w Krakowie
Parties to the main proceedings
Applicants: PU, QS, mBank S.A.
Defendants: mBank S.A., BL, CY
Operative part of the judgment
1. Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, must be interpreted as precluding national case-law according to which, where a term of a loan agreement classified as unfair renders that agreement invalid, the seller or supplier is entitled to require the consumer to repay the full nominal amount of the loan, irrespective of the value of repayments made by the consumer in performance of that agreement and irrespective of the amount remaining due.
2. Article 7(1) of Directive 93/13 must be interpreted as precluding national legislation under which, in the event of the consumer’s acceptance of a claim, brought by a seller or supplier, for repayment of the sums paid under a loan agreement declared invalid based on the presence of an unfair term in that agreement, the court seised is required to declare of its own motion the judgment granting that claim immediately enforceable, in so far as national law does not allow that court to adopt all the measures necessary to protect the consumer from the particularly unfavourable consequences which that declaration could have with regard to that consumer.