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Case C-632/17: Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich (Poland) lodged on 9 November 2017 — Powszechna Kasa Oszczędności (PKO) Bank Polski S.A. v Jacek Michalski
ECLI:EU:UNKNOWN:62017CN0632
62017CN0632
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19.3.2018
EN
Official Journal of the European Union
C 104/13
(Case C-632/17)
(2018/C 104/16)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: Powszechna Kasa Oszczędności (PKO) Bank Polski S.A.
Defendant: Jacek Michalski
Question referred
Must the provisions of Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, and in particular Article 6(1) and Article 7(1) thereof, and the provisions of Directive 2008/48/EC of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, and in particular Article 10 and Article 22(1) thereof, be interpreted as precluding the pursuit of a claim by a bank (the creditor) against a consumer (the debtor) on the basis of a banking ledger excerpt, signed by persons authorised to make statements regarding the bank’s property rights and obligations and bearing the bank’s stamp, and on the basis of proof that a request for payment had been submitted to the debtor in writing, in the context of an order-for-payment procedure as defined in Article 485 § 3 et seq. of the Polish Code of Civil Procedure?
Language of the case: Polish
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Language of the case: Polish.