Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 18 November 2025 – ML v Deutsche Bank Polska S.A.

(Case C-735/25, Rachski  (1) )

(C/2026/936)

Language of the case: Polish

Referring court

Sąd Okręgowy w Warszawie

Parties to the main proceedings

Applicant: ML

Defendant: Deutsche Bank Polska S.A.

Question referred

In the context of a loan agreement concluded with a consumer by a seller or supplier being found to be invalid in its entirety on the ground that the agreement contained unfair terms without which it could not 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 (2) and the principle of effectiveness be interpreted as precluding the application of national case-law according to which a declaration made by a consumer to the effect that he or she wishes to set off his or her claim against the principal amount has retroactive effect from the time the consumer’s claim became due, thus eliminating the effects of late payment of that claim and resulting in the cancellation of statutory default interest that would have been owed to the consumer by the seller or supplier in the absence of the set-off?

(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)   OJ 1993 L 95, p. 29.