In a judgment handed down on Thursday 3 July (Case C-582/23), the Court of Justice of the European Union ruled that Polish legislation, which did not allow the bankruptcy court to assess of its own motion the potentially unfair nature of terms contained in a contract signed by a consumer, was contrary to EU law.
In Poland, the bankruptcy court is asked to draw up a repayment plan for the debts owed by an individual that has been declared bankrupt. However, the majority of the latter’s...