C-903/24DJ et PJ v Santander Bank Polska S.A

Domstolens egne nøkkelord

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 agreement – Actions for restitution – Consumer’s right to default interest at the statutory rate on amounts to be repaid by the seller or supplier – National case-law requiring the payment of default interest at the statutory rate from the date on which the demand for payment was served indicating the specific amount of the claim – Dissuasive effect of the prohibition on unfair terms – Principle of effectiveness.

Tolker