Abstract

The author analyses the CJEU judgments concerning prescription of restitutive claims of consumers associated with ineffectiveness of abusive clauses included in agreements concluded with them, in particular arising as a result of ineffectiveness of a credit agreement as a consequence of ineffectiveness of its abusive clauses. In particular, analysed was the CJEU position on prescription of restitutive consumer claims presented in the judgment of 8 September 2022 (in joined cases from C-80/21 to C-82/21 D.B. P, ECLI: EU: C: 2022: 646), summing up the earlier views of the CJEU expressed in the judgments of 9 July 2020 (in joined cases C-698/18 and C 699/18 SC Raiffeisen Bank SA, ECLI: EU: C: 2020: 537), of 20 4. 2021 (C-485/19, Profi Credit Slovakia s.r. o, ECLI: EU: C: 2021: 313) oraz z 10.6.2021 r. (in joined cases from C-776/19 to C-782/19 BNP Paribas Personal Finance SA, ECLI:EU: C: 2021:470). Also discusses is the CJEU stance as regards admissibility of the CJEU resolving legal issues arising from application of national law and unregulated in EU law though in a major way affecting the effectiveness of EU law.