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Case C-81/21: Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy — Śródmieścia w Warszawie (Poland) lodged on 9 February 2021 — B.S., W.S. v M.
ECLI:EU:UNKNOWN:62021CN0081
62021CN0081
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Official Journal of the European Union
C 242/3
(Case C-81/21)
(2021/C 242/05)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicants: B.S., W.S.
Defendant: M.
Questions referred
1.Must Articles 6(1) and 7(1) of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts be interpreted as precluding a judicial interpretation of provisions of national legislation under which a court, where it finds that a contractual term is unfair, without that rendering the agreement invalid, may supplement the content of the agreement with a supplementary provision of national law?
2.Must Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts be interpreted as precluding a judicial interpretation of national legislation under which a court, where it finds that a contractual term is unfair, with the result that the agreement is invalid, may supplement the content of the agreement with a supplementary provision of national law, in order to prevent the agreement from being invalid, even though the consumer consents to its being invalid?
Language of the case: Polish
(1) OJ 1993 L 95, p. 29.