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Case C-287/22, Getin Noble Bank (Suspension or performance of a credit agreement): Judgment of the Court (Ninth Chamber) of 15 June 2023 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — YQ, RJ v Getin Noble Bank S.A. (Reference for a preliminary ruling — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Mortgage loan indexed to a foreign currency — Article 6(1) — Article 7(1) — Application for interim measures — Suspension of performance of the loan agreement — Ensuring full effectiveness of the restitutory effect)
ECLI:EU:UNKNOWN:62022CA0287
62022CA0287
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Valentina R., lawyer
31.7.2023
Official Journal of the European Union
C 271/7
(Case C-287/22, (<span class="oj-super oj-note-tag">1</span>) Getin Noble Bank (Suspension or performance of a credit agreement))
(Reference for a preliminary ruling - Consumer protection - Unfair terms in consumer contracts - Directive 93/13/EEC - Mortgage loan indexed to a foreign currency - Article 6(1) - Article 7(1) - Application for interim measures - Suspension of performance of the loan agreement - Ensuring full effectiveness of the restitutory effect)
(2023/C 271/09)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicants: YQ, RJ
Defendant: Getin Noble Bank S.A.
Operative part of the judgment
Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, read in the light of the principle of effectiveness,
must be interpreted as precluding national case-law according to which a national court may dismiss an application for the grant of interim measures lodged by a consumer seeking the suspension, pending a final decision on the invalidity of the loan agreement concluded by that consumer on the ground that that loan agreement contains unfair terms, of the payment of the monthly instalments due under that loan agreement, where the grant of those interim measures is necessary to ensure the full effectiveness of that decision.
(*) Language of the case: Polish.