Judgment of the Court (Fourth Chamber) of 9 October 2025 (request for a preliminary ruling from the Sąd Rejonowy dla Warszawy – Śródmieścia w Warszawie – Poland) – Zwrotybankowe.pl sp. z o.o. v Powszechna Kasa Oszczędności Bank Polski S.A.

(Case C-80/24,  (1) Zwrotybankowe.pl)

(Reference for a preliminary ruling - Credit agreements for consumers - Directive 2008/48/EC - Article 22(2) - Imperative nature of that directive - Assignment to a third party by a consumer of his or her claim against a bank - Directive 93/13/EEC - Article 6(1) - Article 7(1) - Unfair terms in consumer contracts - Examination by a national court of its own motion of the unfairness of the terms in a claim assignment agreement which is not subject to an ongoing dispute before that court)

(C/2025/6284)

Language of the case: Polish

Referring court

Sąd Rejonowy dla Warszawy – Śródmieścia w Warszawie

Parties to the main proceedings

Applicant: Zwrotybankowe.pl sp. z o.o.

Defendant: Powszechna Kasa Oszczędności Bank Polski S.A.

Operative part of the judgment

1)

Article 22(2) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC must be interpreted as not precluding national legislation that allows a consumer to assign a claim arising from the infringement of a right conferred on him or her by the national legislation implementing the directive to a third party which is not a consumer.

2)

Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that a national court is not required to examine of its own motion the unfairness of a term in a claim assignment agreement concluded by a consumer where the dispute before that national court, between the assignee company and a seller or supplier, does not concern that assignment agreement, but the consumer’s claim against that seller or supplier.

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(1)  OJ C, C/2024/3056.