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Anjum Shabbir
15th September 2020
Consumer, Health & Environment

Polish District Court’s preliminary questions seeking clarification of extent of EU consumer protection rights published

The preliminary ruling questions posed to the Court of Justice by the District Court for Warszawa-Wola in Warsaw in consumer protection case MN, DN, JN, ZN v X Bank S.A. (C-198/20) have been published.

The referring court has asked, in sum, a series of questions in the context of alleged unfair conversion currency terms concerning a mortgage granted in a foreign currency, seeking the interpretation of Unfair Terms Directive 93/13.

In particular it asks whether Article 2(b), Article 3(1) and (2), and Article 4 extend consumer protection to situations in which an oral contract with terms in one or more documents has been agreed; whether an overall evaluation of different interests and bargaining positions, inter alia, must be


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