Today the CJEU has issued a judgment whereunder a consumer may not be deprived of their right to seek late payment interest.

On the list of cases of the Court of Justice of the European Union, the motion in the next Polish case no. TSUE C-140/22 for issuance of a judgement under the preliminary mode in connection with the question posed by the District Court for Warsaw-Śródmieście has been heard today. The court asked the CJEU to resolve questions that arose in connection with the Resolution of the Supreme Court of 7 May 2021 (file number: III CZP 6/21).

Today CJEU has issued a judgment whereunder a court may find a contractual provision unfair only because it is identical to the provision entered in the register of abusive clauses. A contractual provision may not be deemed unfair towards a part of the consumers who have concluded the agreement and fair towards other ones. A bank is also obliged to inform all borrowers of some material characteristics of the agreement as well as risks related to it even if a consumer has relevant knowledge in the scope of agreement conclusion.