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Case C-23/25, Sutuska: Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 16 January 2025 – AS v Bank Millennium S.A.
ECLI:EU:UNKNOWN:62025CN0023
62025CN0023
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Official Journal of the European Union
C series
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C/2025/2059
14.4.2025
(Case C-23/25, Sutuska)
(C/2025/2059)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: AS
Defendant: Bank Millennium S.A.
Question referred
In the context of a loan agreement concluded between a consumer and a bank being found to be invalid in its entirety on the grounds that the agreement contains unfair terms without which it cannot continue in existence, must Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and the principles of effectiveness and proportionality be interpreted as precluding a judicial interpretation of national law according to which:
—the bank is required to reimburse the consumer for the equivalent of the bank’s risk insurance costs incurred by the consumer, such as high loan-to-value insurance and bridging insurance, which provided security for the repayment of the loan;
—the bank is not required to reimburse the consumer for the equivalent of the consumer’s risk insurance costs incurred by the consumer, such as property insurance and life insurance, which provided security for the repayment of the loan?
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/2025/2059/oj
ISSN 1977-091X (electronic edition)
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