17.1.2022

Official Journal of the European Union

C 24/5

(Case C-212/20) (1)

(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Mortgage loan agreement indexed to a foreign currency - Contractual term relating to the buying and selling rates of a foreign currency - Requirement of intelligibility and transparency - Powers of the national court)

(2022/C 24/07)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicants: M.P., B.P.

Defendant: ‘A.’ prowadzący działalność za pośrednictwem ‘A.’ S.A.

Intervener: Rzecznik Praw Obywatelskich

Operative part of the judgment

1.Article 5 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that the content of a clause of a loan agreement concluded between a seller or supplier and a consumer that sets the buying and selling prices of a foreign currency to which the loan is indexed must enable a consumer who is reasonably well informed and reasonably observant and circumspect to understand, on the basis of clear and intelligible criteria, the way in which the foreign currency exchange rate used to calculate the amount of the repayment instalments is set, in order that that consumer is able to determine himself or herself, at any time, the exchange rate applied by the seller or supplier.

2.Articles 5 and 6 of Directive 93/13 must be interpreted as precluding the national court, which has found that a term of a contract concluded between a seller or supplier and a consumer is unfair, within the meaning of Article 3(1) of that directive, from interpreting that term in order to remedy its unfairness, even if that interpretation would correspond to the common intention of the parties to that contract.

(1)

OJ C 304, 14.9.2020.