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Case C-243/25, ING Bank Śląski: Request for a preliminary ruling from the Sąd Rejonowy w Przemyślu (Poland) lodged on 28 March 2025 – M. H. v ING Bank Śląski S.A.
ECLI:EU:UNKNOWN:62025CN0243
62025CN0243
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Official Journal of the European Union
EN
C series
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C/2025/3501
7.7.2025
(Case C-243/25, ING Bank Śląski)
(C/2025/3501)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: M. H.
Defendant: ING Bank Śląski S.A.
Questions referred
(1)Must Article 3(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) be interpreted as meaning that a contractual term can be regarded as unfair for the sole reason that, as regards the variable rate of interest on a loan, it refers to a benchmark, the amount of which is set forth by a third party, which in that regard is not subject to proper institutional supervision under the generally applicable provisions – in force at the time of conclusion of the contract – and the lender has indirect influence on the amount of that benchmark?
(2)Must Article 4(2) of [Directive 93/13/EEC] be interpreted as meaning that the drafting in plain, intelligible language of the terms concerning the principal obligations of the parties includes an obligation on the trader to inform the consumer of a potential economic risk associated with the lack of appropriate provisions of national law – at the time of conclusion of the contract – concerning the supervision of a third party which sets forth the amount of the benchmark used to set the amount of the consumer’s obligation?
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(1) OJ 1993 L 95, p. 29.
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ELI: http://data.europa.eu/eli/C/2025/3501/oj
ISSN 1977-091X (electronic edition)
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