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Case C-699/24, Kołama: Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 21 October 2024 – mBank S.A. v AZ and MZ
ECLI:EU:UNKNOWN:62024CN0699
62024CN0699
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Official Journal of the European Union
EN
C series
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C/2025/380
27.1.2025
(Case C-699/24, Kołama)
(C/2025/380)
Language of the case: Polish
Referring court
Parties to the main proceedings
Party initiating the proceedings before the referring court:
Other parties to the proceedings:
Questions referred
In the context of a loan agreement concluded with a consumer by a seller or supplier being found to be void in its entirety on the grounds that the agreement contains unfair terms without which it cannot continue in existence, must Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, as well as the principles of effectiveness, equivalence and proportionality, be interpreted as precluding a judicial interpretation of the law of a Member State according to which:
1.the seller or supplier has the right to bring an action against the consumer for the reimbursement of the capital paid in respect of the performance of the loan agreement even before the final judgment annulling that agreement has been delivered in the court case brought by the consumer;
2.the seller or supplier has the right to demand from the consumer, in addition to the reimbursement of the capital paid in respect of the performance of the loan agreement, also statutory default interest from the date of the demand for payment, if before that demand for payment the final judgment annulling the agreement has not been delivered in the court case brought by the consumer?
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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/2025/380/oj
ISSN 1977-091X (electronic edition)
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