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Case C-767/24, Kuszycka: Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 6 November 2024 – mBank S.A. v ML
ECLI:EU:UNKNOWN:62024CN0767
62024CN0767
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Official Journal of the European Union
EN
C series
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C/2025/709
10.2.2025
(Case C-767/24, Kuszycka)
(C/2025/709)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: mBank S.A.
Defendant: ML
Question referred
Must Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and the principle of effectiveness be interpreted as precluding a judicial interpretation of national provisions according to which, in the context of the invalidity of a mortgage loan agreement in its entirety because it is not capable of continuing in existence without the unfair terms, the lodging, by the consumer, of a declaration that he or she wishes to set off his or her claim against the bank’s claim for repayment of the loan capital is equivalent to the consumer’s waiving his or her objection that the bank’s claim is time-barred?
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The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
OJ 1993 L 95, p. 29.
ELI: http://data.europa.eu/eli/C/2025/709/oj
ISSN 1977-091X (electronic edition)
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Language of the case: Polish.
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