Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 29 October 2025 – Bank BPH S.A. v KP and PP

(Case C-689/25, Łuneka  (1) )

(C/2026/926)

Language of the case: Polish

Referring court

Sąd Okręgowy w Warszawie

Parties to the main proceedings

Applicant: Bank BPH S.A.

Defendants: KP and PP

Question referred

In the context of a loan agreement concluded with a consumer by a trader being found to be invalid in its entirety on the ground that that agreement contained unfair terms without which it could not 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, (2) as well as the principle of effectiveness, be interpreted as precluding 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 that consumer’s claim became due, thus eliminating the effects of late payment of that claim and resulting in the cancellation of statutory interest for late payment that would have been owed to the consumer by the trader in the absence of the set-off?

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(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.