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Case C-756/22, Bank Millennium: Order of the Court (Ninth Chamber) of 11 December 2023 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — Bank Millennium S.A. v ES, AS (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 — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 6(1) and Article 7(1) — Mortgage loan agreement indexed to a foreign currency — Effects of the annulment of that agreement in its entirety)
ECLI:EU:UNKNOWN:62022CB0756
62022CB0756
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Official Journal of the European Union
C/2024/1076
(Case C-756/22, Bank Millennium) (<span class="oj-super oj-note-tag">1</span>)
(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 - Unfair terms in consumer contracts - Directive 93/13/EEC - Article 6(1) and Article 7(1) - Mortgage loan agreement indexed to a foreign currency - Effects of the annulment of that agreement in its entirety)
(C/2024/1076)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: Bank Millennium S.A.
Defendant: ES, AS
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 meaning that, in the context of the annulment in its entirety of a mortgage loan agreement concluded with a consumer by a banking institution, on the ground that that agreement contains unfair terms without which it cannot continue to exist, those provisions preclude a judicial interpretation of a Member State’s law according to which that institution has the right to request the consumer to reimburse sums other than the capital paid in respect of the performance of that agreement and the default interest at the statutory rate from the date on which notice is served.
Date of submission: 14/12/2022
ELI: http://data.europa.eu/eli/C/2024/1076/oj
ISSN 1977-091X (electronic edition)
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(1) Language of the case: Polish.