{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-903-24","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-903-24)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-23","fingerprint":"ewai:eu:b67bfc","proof":"sha256:8eb40c5720081c4dd4e845915fa6510925cd19a58d5477c3d0e42bcb2e92ebb6","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-903-24","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"Provisional text","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (Ninth Chamber)","paragraphs":[]},{"title":"11 June 2026 ( * )","paragraphs":["para_4"]},{"title":"In Case C‑903/24 [Zmarka], ( i )","paragraphs":["para_6"]},{"title":"DJ","paragraphs":[]},{"title":"PJ","paragraphs":["para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22"]},{"title":"Judgment","paragraphs":["para_24","para_25"]},{"title":"Legal context","paragraphs":[]},{"title":"European Union law","paragraphs":["para_28"]},{"title":"4         Article 6(1) of that directive provides:","paragraphs":["para_30"]},{"title":"5         Article 7(1) of that directive provides:","paragraphs":["para_32"]},{"title":"Polish law","paragraphs":[]},{"title":"The Civil Code","paragraphs":["para_35","para_36","para_37"]},{"title":"7         Article 481 of that code provides:","paragraphs":["para_39","para_40","para_41"]},{"title":"Law establishing the Code of Civil Procedure","paragraphs":["para_43","para_44"]},{"title":"The dispute in the main proceedings and the question referred for a preliminary ruling","paragraphs":["para_46","para_47","para_48","para_49","para_50","para_51","para_52","para_53","para_54","para_55","para_56","para_57","para_58","para_59","para_60","para_61"]},{"title":"On the need to adjudicate","paragraphs":["para_63","para_64","para_65","para_66","para_67","para_68","para_69"]},{"title":"The jurisdiction of the Court","paragraphs":["para_71","para_72","para_73","para_74","para_75","para_76","para_77"]},{"title":"Consideration of the question referred","paragraphs":["para_79","para_80","para_81","para_82","para_83","para_84","para_85","para_86","para_87","para_88","para_89","para_90","para_91","para_92","para_93"]},{"title":"Costs","paragraphs":["para_95"]},{"title":"On those grounds, the Court (Ninth Chamber) hereby rules:","paragraphs":["para_97","para_98","para_99","para_100","para_101"]}],"paragraphs":[{"text":"Provisional text","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Ninth Chamber)","paragraph_id":"para_2"},{"text":"11 June 2026 ( * )","paragraph_id":"para_3"},{"text":"( Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Loan agreement denominated in a foreign currency and containing unfair terms – Effects of the finding that a contractual term is unfair – Void agree …","paragraph_id":"para_4"},{"text":"In Case C‑903/24 [Zmarka], ( i )","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Sąd Okręgowy w Warszawie (Regional Court, Warsaw, Poland), made by decision of 23 December 2024, received at the Court on 23 December 2024, in the proceedings","paragraph_id":"para_6"},{"text":"DJ","paragraph_id":"para_7"},{"text":"PJ","paragraph_id":"para_8"},{"text":"v","paragraph_id":"para_9"},{"text":"Santander Bank Polska S.A.,","paragraph_id":"para_10"},{"text":"THE COURT (Ninth Chamber),","paragraph_id":"para_11"},{"text":"composed of N. Jääskinen, acting as President of the Chamber, R. Frendo (Rapporteur) and A. Kornezov, Judges,","paragraph_id":"para_12"},{"text":"Advocate General: R. Norkus,","paragraph_id":"para_13"},{"text":"Registrar: A. Calot Escobar,","paragraph_id":"para_14"},{"text":"having regard to the written procedure,","paragraph_id":"para_15"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_16"},{"text":"–        Santander Bank Polska S.A., by A. Karpińska and B. Kubiak, radcowie prawni,","paragraph_id":"para_17"},{"text":"–        the Polish Government, by B. Majczyna, acting as Agent,","paragraph_id":"para_18"},{"text":"–        the Portuguese Government, by A. Pimenta and A. Rodrigues, acting as Agents,","paragraph_id":"para_19"},{"text":"–        the European Commission, by P. Kienapfel and A. Szmytkowska, acting as Agents,","paragraph_id":"para_20"},{"text":"having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,","paragraph_id":"para_21"},{"text":"gives the following","paragraph_id":"para_22"},{"text":"Judgment","paragraph_id":"para_23"},{"text":"1         This request for a preliminary ruling concerns the interpretation of Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) and of the principle of effectiveness.","paragraph_id":"para_24"},{"text":"2         The request has been made in proceedings between DJ and PJ, two consumers, and Santander Bank Polska S.A. (‘SBP’), a bank established in Poland, concerning, inter alia, a claim for payment of default interest at the statutory rate on the sums paid to SBP under a loan agreement declared void on account of the unfair terms contained therein.","paragraph_id":"para_25"},{"text":"Legal context","paragraph_id":"para_26"},{"text":"European Union law","paragraph_id":"para_27"},{"text":"3         The twenty-fourth recital of Directive 93/13 states that ‘the courts or administrative authorities of the Member States must have at their disposal adequate and effective means of preventing the continued application of unfair terms in consumer contracts’.","paragraph_id":"para_28"},{"text":"4         Article 6(1) of that directive provides:","paragraph_id":"para_29"},{"text":"‘Member States shall lay down that unfair terms used in a contract concluded with a consumer by a seller or supplier shall, as provided for under their national law, not be binding on the consumer and that the contract shall continue to bind the parties upon those terms if it is capable of continuing in existence without the unfair terms.’","paragraph_id":"para_30"},{"text":"5         Article 7(1) of that directive provides:","paragraph_id":"para_31"},{"text":"‘Member States shall ensure that, in the interests of consumers and of competitors, adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers.’","paragraph_id":"para_32"},{"text":"Polish law","paragraph_id":"para_33"},{"text":"The Civil Code","paragraph_id":"para_34"},{"text":"6         Article 385 1 (1) and (2) of the ustawa – Kodeks cywilny (Law establishing the Civil Code) of 23 April 1964 (Dz. U. of 1964, No 16, item 93), in its version applicable to the dispute in the main proceedings (‘the Civil Code’) provides:","paragraph_id":"para_35"},{"text":"‘1.      The terms of a contract concluded with a consumer which have not been individually negotiated shall not be binding on the consumer if his or her rights and obligations are set forth in a way that is contrary to the accepted principles of morality and manifestly infringes his or her interest …","paragraph_id":"para_36"},{"text":"2.      If a contractual term is not binding on the consumer pursuant to paragraph 1, the contract shall otherwise continue to be binding on the parties.’","paragraph_id":"para_37"},{"text":"7         Article 481 of that code provides:","paragraph_id":"para_38"},{"text":"‘1.      If a debtor is late in performing a financial obligation, the creditor may demand default interest, even if he or she has suffered no loss and even if the delay is due to circumstances for which the debtor is not responsible.","paragraph_id":"para_39"},{"text":"2.      If the default interest rate has not been specified, default interest shall be payable at the statutory rate …","paragraph_id":"para_40"},{"text":"…’","paragraph_id":"para_41"},{"text":"Law establishing the Code of Civil Procedure","paragraph_id":"para_42"},{"text":"8         Article 203(4) of the ustawa Kodeks postępowania cywilnego (Law establishing the Code of Civil Procedure) of 17 November 1964 (Dz. U. of 1964, No 43, item 296), in the version applicable to the dispute in the main proceedings (‘the Code of Civil Procedure’), provides:","paragraph_id":"para_43"},{"text":"‘The court may declare the discontinuance, abandonment or limitation of a claim inadmissible only if the circumstances of the case show that such acts are contrary to the law or to the principles of social life or that they are intended to circumvent the law.’","paragraph_id":"para_44"},{"text":"The dispute in the main proceedings and the question referred for a preliminary ruling","paragraph_id":"para_45"},{"text":"9         On 26 September 2008, DJ and PJ entered into a loan agreement with SBP concluded for a period of 348 months, denominated in Swiss francs, under which SBP granted them a loan of 50 000 zlotys (PLN) (approximately EUR 11 500) (‘the agreement at issue’). According to the terms of that agreeme …","paragraph_id":"para_46"},{"text":"10       Between 3 October 2008 and 12 July 2022, DJ and PJ paid SBP an amount of PLN 54 290.71 (approximately EUR 12 500) in performance of the agreement at issue.","paragraph_id":"para_47"},{"text":"11       On 25 July 2022, SBP was served with a complaint by DJ and by PJ in which it was argued that the agreement at issue was void on account of the unfair terms contained therein. Consequently, DJ and PJ served SBP with a demand for payment to return to them, within 30 days, ‘an amount corresponding to the sum of all the principal and interest instalment repayments made under [that agreement]’.","paragraph_id":"para_48"},{"text":"12       On 18 November 2022, DJ and PJ brought an action before the Sąd Okręgowy w Warszawie (Regional Court, Warsaw, Poland), which is the referring court, seeking a declaration that the agreement at issue was void on the ground that the conversion clauses were unfair and an order that SBP repay t …","paragraph_id":"para_49"},{"text":"13       Before the referring court, SBP argued that the agreement at issue was valid in so far as it did not contain unfair terms and contended that the action should be dismissed.","paragraph_id":"para_50"},{"text":"14       On 25 July 2024, SBP raised before that court a plea of set-off of its claim of PLN 50 000 (approximately EUR 11 500), corresponding to the principal of the loan paid to DJ and PJ, against the claim relied on by them before that court, following which, on 6 November 2024, DJ and PJ withdrew their claim in respect of the amount of PLN 50 000 (approximately EUR 11 500), while maintaining the remainder of the claim.","paragraph_id":"para_51"},{"text":"15       On 14 November 2024, the referring court delivered a partial judgment in which it declared the agreement at issue void on the ground that the conversion clauses were unfair and that that agreement could not continue in existence without those clauses. By order of 29 November 2024, that court discontinued the proceedings for payment of the amount of PLN 50 000 (approximately EUR 11 500).","paragraph_id":"para_52"},{"text":"16       As to the remainder, that court considers that DJ’s and PJ’s claim for payment of PLN 4 290.71 (approximately EUR 1 000) is well founded. By contrast, as regards their claim that SBP should be ordered to pay default interest at the statutory rate, the referring court states that it has doubts as to the determination of the date from which that interest must begin to run.","paragraph_id":"para_53"},{"text":"17       That court is uncertain whether that interest must be granted from the date on which SBP was notified of the pre-litigation demand for payment, namely the complaint, or only from the date of service on the bank of the application initiating proceedings. That question stems from the fact tha …","paragraph_id":"para_54"},{"text":"18       The referring court notes that although the provisions of the Civil Code do not contain any formal requirement as to the content of the demand for payment, national case-law and legal literature indicate that, in order to trigger the obligation to pay default interest, it must include a request for payment of a specific amount.","paragraph_id":"para_55"},{"text":"19       That court is uncertain whether such a requirement constitutes an unreasonable obstacle for the consumer which would prevent him or her from enforcing the default interest allegedly due, in breach of Article 6(1) and Article 7(1) of Directive 93/13, and of the principle of effectiveness. If …","paragraph_id":"para_56"},{"text":"20       It is apparent from the case-law of the Court that the obligation on the national court to remove an unfair contractual term entails, in principle, the restitution of sums unduly paid. The absence of a full restitutory effect would be liable to call into question the dissuasive effect that …","paragraph_id":"para_57"},{"text":"21       Thus, according to the referring court, it could be considered, on the one hand, that the consumer should not be subject to the obligation to indicate to the seller or supplier the specific amount claimed in order to cause default interest to accrue. In particular, in so far as a bank is a …","paragraph_id":"para_58"},{"text":"22       On the other hand, the obligation on the consumer to quantify precisely his or her claim in order for default interest owed by the seller or supplier to accrue could be regarded as reasonable and justified. In so far as the consumer pays the loan instalments, he or she is aware of the amoun …","paragraph_id":"para_59"},{"text":"23       In those circumstances, the Sąd Okręgowy w Warszawie (Regional Court, Warsaw) decided to stay the proceedings and to refer the following question to the Court of Justice for a preliminary ruling:","paragraph_id":"para_60"},{"text":"‘Must Article 6(1) and Article 7(1) of [Directive 93/13] and the principle of effectiveness be interpreted as precluding a judicial interpretation of national legislation under which a court may order a seller or supplier to pay statutory default interest to a consumer on the amount of an undue paym …","paragraph_id":"para_61"},{"text":"On the need to adjudicate","paragraph_id":"para_62"},{"text":"24       According to settled case-law, the procedure provided for in Article 267 TFEU is an instrument of cooperation between the Court and the national courts by means of which the Court provides the national courts with the points of interpretation of EU law which they need in order to decide the …","paragraph_id":"para_63"},{"text":"25       In that regard, it should be borne in mind, however, that the justification for a reference for a preliminary ruling is not that it enables advisory opinions on general or hypothetical questions to be delivered but rather that it is necessary for the effective resolution of a dispute. There …","paragraph_id":"para_64"},{"text":"26       Since it is apparent from both the wording and the scheme of Article 267 TFEU that the preliminary ruling procedure presupposes that a dispute is actually pending before the national courts in which they are called upon to give a decision which is capable of taking account of the preliminar …","paragraph_id":"para_65"},{"text":"27       In the present case, on 4 November 2025, the referring court sent to the Court its order of 13 October 2025 by which it held that the partial withdrawal of the applicants in the main proceedings of 10 April 2025, resulting from the withdrawal of their request for payment of default interest …","paragraph_id":"para_66"},{"text":"28       Following the request for clarification sent to it, pursuant to Article 101 of the Rules of Procedure of the Court of Justice, on 12 November 2025, the referring court, by its reply received at the Court Registry on 4 December 2025, stated that the order of 13 October 2025 was not open to a …","paragraph_id":"para_67"},{"text":"29       Thus, it is apparent from the file before the Court that an answer to the question referred for a preliminary ruling appears necessary for the resolution of the dispute before the referring court.","paragraph_id":"para_68"},{"text":"30       In those circumstances, there is a need to adjudicate on the present request for a preliminary ruling.","paragraph_id":"para_69"},{"text":"The jurisdiction of the Court","paragraph_id":"para_70"},{"text":"31       SBP and the Portuguese Government submit that the Court does not have jurisdiction to hear and determine the request for a preliminary ruling, since, by that request, the referring court is, in essence, asking the Court to interpret national law.","paragraph_id":"para_71"},{"text":"32       SBP claims that the issues raised by the question referred do not require an interpretation of Directive 93/13, which does not govern the consequences of an agreement being void. SBP adds that the request for a preliminary ruling cannot concern a matter regulated by the Polish legislature. …","paragraph_id":"para_72"},{"text":"33       In that regard, it should be borne in mind that, in proceedings under Article 267 TFEU, which are based on a clear separation of functions between the national courts and the Court, the national court alone has jurisdiction to interpret and apply national law, while the Court is empowered o …","paragraph_id":"para_73"},{"text":"34       In the present case, the question referred expressly concerns the interpretation of Article 6(1) and Article 7(1) of Directive 93/13, read in the light of the principle of effectiveness. The referring court asks, in essence, whether those provisions and that principle are compatible with th …","paragraph_id":"para_74"},{"text":"35       Contrary to what SBP and the Portuguese Government argue, the referring court thus seeks an interpretation of an EU act.","paragraph_id":"para_75"},{"text":"36       Accordingly, it is for the Court to provide the referring court with all the guidance as to the interpretation of EU law which will enable it to rule itself on the compatibility of its national law, as interpreted by national case-law, with EU law.","paragraph_id":"para_76"},{"text":"37       Consequently, since the Court has jurisdiction to interpret the provisions and principles of EU law, it has jurisdiction to rule on the request for a preliminary ruling and to answer the question referred to it by the referring court.","paragraph_id":"para_77"},{"text":"Consideration of the question referred","paragraph_id":"para_78"},{"text":"38       By its question, the referring court asks, in essence, whether Article 6(1) and Article 7(1) of Directive 93/13, read in the light of the principle of effectiveness, preclude a judicial interpretation of national law according to which, following the annulment of a loan agreement concluded …","paragraph_id":"para_79"},{"text":"39       Under Article 6(1) of Directive 93/13, Member States are to lay down that unfair terms used in a contract concluded with a consumer by a seller or supplier are, as provided for under their national law, not to be binding on the consumer.","paragraph_id":"para_80"},{"text":"40       In addition, given the nature and significance of the public interest constituted by the protection of consumers, who are in a position of weakness vis-à-vis sellers or suppliers, Directive 93/13, as is apparent from Article 7(1) thereof, read in conjunction with its twenty-fourth recital, …","paragraph_id":"para_81"},{"text":"41       Therefore, the national court is obliged to exclude an unfair contract term imposing the payment of amounts that prove not to be due. Such an obligation entails, in principle, a corresponding restitutory effect in respect of those same amounts, in so far as the absence of such a restitutory …","paragraph_id":"para_82"},{"text":"42       It should be noted, in that regard, that Directive 93/13 does not expressly govern the consequences of the invalidity of a contract concluded between a seller or supplier and a consumer after the excision of the unfair terms in that contract. Accordingly, it is for the Member States to dete …","paragraph_id":"para_83"},{"text":"43       In the absence of specific EU legislation on the subject, the detailed rules for implementing the consumer protection provided for by Directive 93/13 are a matter for the domestic legal order of the Member States by virtue of the principle of their procedural autonomy. However, those rules …","paragraph_id":"para_84"},{"text":"44       As regards the principle of effectiveness, which alone is the subject of the issues raised by the referring court, it should be borne in mind that every case in which the question arises as to whether a national provision makes the application of EU law impossible or excessively difficult m …","paragraph_id":"para_85"},{"text":"45       In addition, the Court has stated that the obligation on the Member States to ensure the effectiveness of the rights that individuals derive from EU law, particularly the rights deriving from Directive 93/13, implies a requirement for effective judicial protection, also guaranteed in Articl …","paragraph_id":"para_86"},{"text":"46       In the present case, it is apparent from the order for reference that the Civil Code does not lay down any requirement as to the obligation to quantify the amount of which repayment is sought by a creditor in the context of a demand for payment. Nevertheless, according to national case-law, in order to produce effects such as the right of the latter to receive default interest, that demand for payment must include a request for payment of a specific amount.","paragraph_id":"para_87"},{"text":"47       Thus, a seller or supplier can be ordered to pay a consumer default interest at the statutory rate on the amount unduly paid by that consumer on the basis of an unfair contractual term only from the date of service on that seller or supplier of an extrajudicial document or a procedural document indicating the specific amount sought by that consumer.","paragraph_id":"para_88"},{"text":"48       In that regard, it should be noted that, first, the requirement that a consumer indicate, in an extrajudicial or procedural document, the specific amount of which he or she seeks repayment enables the seller or supplier, as the debtor, to acquaint himself or herself with the amount of the obligation to be enforced and to assess whether it is well founded.","paragraph_id":"para_89"},{"text":"49       Second, the indication of the specific amount of the claim at the demand for payment stage does not place an excessive burden on the consumer who knows the amounts paid to the seller or supplier, in this case to the bank, and may, where appropriate, verify them in the history of his or her bank account or ask the bank to issue to him or her a certificate showing the amount of all the loan instalments already repaid.","paragraph_id":"para_90"},{"text":"50       Consequently, in the light of the case-law referred to in paragraph 43 of the present judgment, such a requirement cannot be regarded as making it in practice impossible or excessively difficult to exercise the rights conferred on consumers by Directive 93/13.","paragraph_id":"para_91"},{"text":"51       Furthermore, the fact that, in the present case, the consumers are represented by a lawyer does not affect the preceding analysis. The general question concerning the obligation to indicate such an amount in order to be able to claim default interest must be settled independently of the specific circumstances of each case (see, to that effect, judgment of 11 March 2020, Lintner , C‑511/17, EU:C:2020:188, paragraph 40).","paragraph_id":"para_92"},{"text":"52       In the light of the foregoing considerations, the answer to the question referred is that Article 6(1) and Article 7(1) of Directive 93/13, read in the light of the principle of effectiveness, must be interpreted as not precluding a judicial interpretation of national law according to which …","paragraph_id":"para_93"},{"text":"Costs","paragraph_id":"para_94"},{"text":"53       Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_95"},{"text":"On those grounds, the Court (Ninth Chamber) hereby rules:","paragraph_id":"para_96"},{"text":"Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, read in the light of the principle of effectiveness,","paragraph_id":"para_97"},{"text":"must be interpreted as not precluding a judicial interpretation of national law according to which, following the annulment of a loan agreement concluded between a consumer and a seller or supplier, on the ground that that agreement cannot continue in existence after the removal of the unfair terms …","paragraph_id":"para_98"},{"text":"[Signatures]","paragraph_id":"para_99"},{"text":"*       Language of the case: Polish.","paragraph_id":"para_100"},{"text":"i       The name of the present case is a fictitious name. 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