The European Court of Justice (ECJ) has issued a significant ruling today, stating that consumers are entitled to claim interest on delayed payments, even in cases where a banking contract is deemed invalid due to unfair terms.

This ruling arose from a Polish case (C-28/22) involving Getin Noble Bank, where the court addressed several key questions regarding the statute of limitations for claims made by both banks and consumers.

The court clarified that the statute of limitations for a consumer's restitution claim cannot begin before the bank's claim becomes actionable. This decision aims to prevent banks from prolonging the claims process, hoping that consumer claims will expire while their own remain valid.

Additionally, the ECJ emphasized that national laws should not hinder consumers from exercising their rights under the EU directive on unfair terms in consumer contracts. The court found that differing limitation periods for banks and consumers create an imbalance that could undermine consumer protection.

Furthermore, the court ruled that banks cannot condition the return of payments made by consumers on the simultaneous return of the bank's own claims, as this would unjustly deprive consumers of their right to claim interest on delayed payments.