7.11.2022

EN

Official Journal of the European Union

C 424/28

(Case C-531/22)

(2022/C 424/37)

Language of the case: Polish

Referring court

Parties to the main proceedings

Claimants: Getin Noble Bank S.A., TF, C2, PI

Participants in the proceedings: TL, EOS, Zakład Ubezpieczeń Społecznych w Warszawie, MG, court enforcement officer AC

Questions referred

1.Are 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 legal certainty, inviolability of final court judgments, effectiveness, and proportionality to be interpreted as precluding national legislation which provides that a national court may not carry out, of its own motion, a review of unfair contractual terms and attach consequences thereto where it is supervising enforcement proceedings conducted by a court enforcement officer pursuant to a final and enforceable order for payment issued in proceedings in which no evidence is taken?

2.Are Articles 3(1), 6(1) and 7(1) and (2), and 8 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, Article 47 of the Charter of Fundamental Rights and the principles of legal certainty, effectiveness and proportionality, and the right to be heard by a court, to be interpreted as precluding a judicial interpretation of national legislation under which the entry of an unfair term in the register of unlawful terms renders that term unfair in any proceedings involving a consumer, including:

—in respect of a seller or supplier other than that against which proceedings for entry of an unfair term in the register of unlawful terms were under way,

—in respect of a term which is not linguistically identical but which has the same meaning and produces the same effect vis-à-vis the consumer?

(*) Language of the case: Polish.

OJ 1993 L 95, p. 29.