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Case C-287/22: Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 3 May 2022 — YQ, RJ v Getin Noble Bank S.A.

ECLI:EU:UNKNOWN:62022CN0287

62022CN0287

May 3, 2022
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EN

Official Journal of the European Union

C 318/23

(Case C-287/22)

(2022/C 318/33)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicants: YQ, RJ

Defendant: Getin Noble Bank S.A.

Question referred

In the light of the principles of effectiveness and proportionality, do Article 6(1) and Article 7(1) of Directive 93/13 (1) preclude an interpretation of national legislation or of national case-law according to which a national court may, in particular because of a consumer’s obligations to settle payments with a seller or supplier or the sound financial situation of the seller or supplier, dismiss a consumer’s application for an interim measure (securing of the action) to suspend, during the course of the proceedings, the performance of a contract which is likely to be declared invalid as a result of the removal of the unfair terms from it?

(1) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).

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