13.5.2019

EN

Official Journal of the European Union

C 164/17

(Case C-84/19)

(2019/C 164/19)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: Profi Credit Polska S.A.

Defendant: QJ

Questions referred

1.Must Article 1(2) of Council Directive 93/13/EEC of 5 April 1993 (1) be interpreted as precluding the application of the provisions of the directive in regard to the examination of the fairness of individual contractual terms concerning non-interest credit costs, in the case where the legislative provisions in force in a Member State impose an upper limit on those costs by providing that non-interest credit costs arising from a consumer credit agreement are not payable in excess of the maximum non-interest credit costs calculated in the manner prescribed by law or the total amount of the credit?

2.Must Article 4(2) of Council Directive 93/13/EEC of 5 April 1993 be interpreted as meaning that a non-interest cost incurred and paid by a borrower together with a loan, in addition to interest, related to the conclusion of the agreement and the granting of the loan itself (in the form of a fee, commission or otherwise), as a term of that agreement, is, if expressed in plain intelligible language, not subject to the assessment expressed in that provision in the context of its unfairness?

3.Must Article 4(2) of Council Directive 93/13/EEC of 5 April 1993 be interpreted as meaning that contractual terms which introduce various types of costs associated with the granting of a loan are not expressed ‘in plain intelligible language’ if they do not explain in return for what specific services they are charged and do not allow the consumer to determine the differences between them?

(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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