22.8.2022 |
EN |
Official Journal of the European Union |
C 318/23 |
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 3 May 2022 — YQ, RJ v Getin Noble Bank S.A.
(Case C-287/22)
(2022/C 318/33)
Language of the case: Polish
Referring court
Sąd Okręgowy w Warszawie
Parties to the main proceedings
Applicants: YQ, RJ
Defendant: Getin Noble Bank S.A.
Question referred
In the light of the principles of effectiveness and proportionality, do Article 6(1) and Article 7(1) of Directive 93/13 (1) preclude an interpretation of national legislation or of national case-law according to which a national court may, in particular because of a consumer’s obligations to settle payments with a seller or supplier or the sound financial situation of the seller or supplier, dismiss a consumer’s application for an interim measure (securing of the action) to suspend, during the course of the proceedings, the performance of a contract which is likely to be declared invalid as a result of the removal of the unfair terms from it?
(1) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).