7.11.2022 |
EN |
Official Journal of the European Union |
C 424/28 |
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy — Śródmieścia w Warszawie (Poland) lodged on 9 August 2022 — Getin Noble Bank and Others
(Case C-531/22)
(2022/C 424/37)
Language of the case: Polish
Referring court
Sąd Rejonowy dla Warszawy — Śródmieścia w Warszawie
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, (1) 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:
|