Consumer Protection: Unfair Terms In Consumer Contracts

In a request for a preliminary ruling requested by District Court of Warsaw, Poland to the European Court of Justice ("ECJ"), three Polish citizens brought an action against Provident Polska relating to agreements entered into between them and Provident Polska. Each of them requested a declaration that the terms of the agreement concluded with Provident Polska which relate to non-interest credit costs are not enforceable against them on account of their unfairness, the fees and commission in question being excessive and unreasonable.

In its defence, Provident Polska contends that the actions brought by the borrowers should be dismissed and makes a counterclaim against each of them, seeking an order requiring them to pay sums corresponding to part of the fees and commissions due under the loan agreements.