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![handle is hein.intyb/rcbjcofi0443 and id is 1 raw text is:
CVRIA Reports of Cases
OPINION OF ADVOCATE GENERAL
MEDINA
delivered on 12 December 20241
Case C-324/23 [Myszak]
OF,
El,
RI
V
M.K., Liquidator of Getin Noble Bank S.A., formerly Getin Noble Bank S.A.
(Request for a preliminary ruling from the Sqd Okregowy w Warszawie (Regional Court, Warsaw,
Poland))
(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC -
Unfair terms in consumer contracts - Article 6(1) and Article 7(1) - Mortgage loan agreement
indexed to a foreign currency - Consumer's application for a declaration of invalidity of the
contract - Application for interim measures seeking suspension of the performance of the
contract - Interim measures - Directive 2014/59/EU - Bank Recovery and Resolution
Directive (BRRD) - Bank under resolution - Article 34(1)(b) and (g) - General principles
governing resolution - No creditor worse off principle - Article 47 of the Charter of
Fundamental Rights of the European Union - Effective judicial protection)
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,2 and
Article 34(1)(b) and (g) and Article 70(1) and (4) of Directive 2014/59/EU,3 which established a
framework for the recovery and resolution of credit institutions and investment firms
('institutions').
2. The request has been made in proceedings between OF, El and RI ('the applicants'), on the one
hand, and M.K., the liquidator of Getin Noble Bank S.A., on the other. The applicants, who are
consumers, concluded a mortgage loan agreement indexed to Swiss francs (CHF) with the
defendant bank, and to date have not paid all the agreed instalments. They brought an action for
annulment of that contract before the referring court, on the ground that it contained unfair
terms. While those proceedings were ongoing, Getin Noble Bank was placed under resolution.
1 Original language: English.
The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
2 OJ 1993 L 95, p. 29.
Directive of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of
credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC,
2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU)
No 648/2012, of the European Parliament and of the Council (OJ 2014 L 173, p. 190), also known as'the Bank Recovery and Resolution
Directive' or 'the BRRD'.
ECLI:EU:C:2024:1031
1](ViewImageLocal?handle=hein.intyb/rcbjcofi0443&div=1&collection=&method=preview&ext=.png&size=3)