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Document 62026CN0071

Case C-71/26, D&G: Request for a preliminary ruling from the Sąd Okręgowy w Opolu (Poland) lodged on 9 February 2026 – D&G Sp. z o.o. v Sopockie Towarzystwo Ubezpieczeń ERGO HESTIA S.A.

OJ C, C/2026/2504, 11.5.2026, ELI: http://data.europa.eu/eli/C/2026/2504/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

ELI: http://data.europa.eu/eli/C/2026/2504/oj

European flag

Official Journal
of the European Union

EN

C series

C/2026/2504

11.5.2026

Request for a preliminary ruling from the Sąd Okręgowy w Opolu (Poland) lodged on 9 February 2026 – D&G Sp. z o.o. v Sopockie Towarzystwo Ubezpieczeń ERGO HESTIA S.A.

(Case C-71/26, D&G)

(C/2026/2504)

Language of the case: Polish

Referring court

Sąd Okręgowy w Opolu

Parties to the main proceedings

Applicant: D&G Sp. z o.o.

Defendant: Sopockie Towarzystwo Ubezpieczeń ERGO HESTIA S.A.

Questions referred

1.

Must Article 4 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1), read in conjunction with the preamble thereto, be interpreted as meaning that provisions of general terms and conditions of insurance, which state that the amount of compensation is to be determined on the basis of the invoices for the repair of the vehicle, in accordance with the costs and methods of repair agreed beforehand with the insurer, do not constitute the main subject matter of the contract?

2.

Must Article 3 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, read in conjunction with Article 6 and 7(1) thereof, be interpreted as meaning that it is necessary to regard as contrary to the requirement of good faith and causing a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer, provisions of the general terms and conditions of comprehensive insurance, which, in order for the consumer to obtain compensation from the insurer in an amount in accordance with the insurance option agreed in the contract and the premium paid:

(a)

require the consumer to repair the vehicle before obtaining compensation,

(b)

require the consumer to agree beforehand the costs and methods of repair of the vehicle before they are carried out,

(c)

require the consumer to submit invoices for the repair of the vehicle, failing which the compensation will be calculated by another method appropriate for a lower insurance premium and will then be significantly lower than the amount agreed in the original insurance option ([in the case of] non-compliance with points (a) and (c)) or by applying a fixed hourly rate and by setting the prices for parts corresponding to the assumptions for the lower insurance premium ([in the case of] non-compliance with point (b)) and, consequently, such provisions must be considered not to bind the consumer?

(1)   OJ 1993 L 95, p. 29.

ELI: http://data.europa.eu/eli/C/2026/2504/oj

ISSN 1977-091X (electronic edition)

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