The European Court of Justice (ECJ) has issued a ruling stating that national courts cannot require consumers to declare their non-acceptance of unfair contract terms in order to exercise their rights. This decision arose from a Polish case (C-140/22) concerning the validity of a credit agreement deemed to contain unfair terms.

The court clarified that a consumer's claim for the return of benefits received under an invalid credit agreement cannot be reduced by the amount of capital interest that would have been owed to the bank if the agreement had been valid. The ruling emphasizes that unfair terms do not bind consumers from the outset, and if a court identifies an unfair term, it must disregard it without requiring a consumer's declaration.

The ECJ also addressed four key questions from the Polish court regarding the retroactive effect of declaring a contract invalid, the start of limitation periods for bank claims, and the entitlement of consumers to statutory interest. The court indicated that the interpretation of these issues should align with the objectives of Directive 93/13 on unfair terms in consumer contracts.

Furthermore, the ECJ reiterated that consumers should not be required to submit a declaration to benefit from protections against unfair terms, reinforcing the principle that such terms are automatically void. This ruling aligns with previous decisions, including one from June 2023, which stated that businesses cannot demand payment for benefits received under contracts that have been invalidated due to unfair terms.

Another significant ruling is expected on December 14, 2023, regarding the limitation period for bank claims against consumers, which will further clarify the implications of these legal principles.