Our preliminary question addressed to the TEU!

We are arrogant to announce that the territory Court in Warsaw has asked the Court of Justice of the European Union (TEU) a preliminary question that is applicable to all borrowers of the restructured Getin Noble Bank SA!

The question is:

Is Article 6(1) and Article 7(1) of Directive 93/13 in the light of the principles of effectiveness and proportionality, as well as Article 34(1)(b) and (g) and 70(1) and (4) of Directive 2014/59/EU, to be interpreted as precluding national law that, in respect of a bank which has been subject to compulsory restructuring, it is unacceptable to take into account a consumer’s request for an order by a court to order a temporary measurement (indemnification) to suspend, for the duration of the legal proceedings, the work to pay the capital-interest instalments resulting from the debt agreement, which is likely to be considered invalid by the court as a consequence of the removal of unfair contractual conditions from it, only due to the fact that the bank was subject to compulsory restructuring?

The question is intended to establish the anticipation for the court to suspend the work to pay the instalments of credit for the duration of the process, despite the compulsory restructuring of the Bank. We hope that the TEU will answer to confirm that courts should supply safeguards against Getin Noble Bank SA by suspending the work to pay instalments for the duration of the process.

The content of this question was developed by our Chancellery immediately after the announcement of the forced restructuring of Getin Noble Bank S.A. (on 30.09.2022.-03.10.2022.). We would like to thank you in peculiar for your engagement in the process of creating a question for Mr Szymon Kowalczyk from our team.