Judgment_paragraph 53 · ZL and Others v Provident Polska S.A (C-321/22)

53The Polish Government states, however, that Article 3851(1) of the Civil Code, which transposes Article 4(2) of Directive 93/13 into Polish law, permits an examination of the relationship between the price and the service as regards terms that are not related to the parties’ main services, thus establishing greater protection for the consumer. To the extent that such a national provision effectively confers a stricter scope on the exception established by that Article 4(2), by allowing for a more extensive review of the possible unfairness of contractual terms that fall within the scope of that directive, which it is for the referring court to ascertain, it shares the objective of protecting consumers pursued by that directive and falls within the power, conferred on Member States by Article 8 thereof, to adopt or retain more stringent measures which aim to ensure a maximum degree of protection for the consumer (see, to that effect, judgment of 3 September 2020, Profi Credit Polska and Others, C‑84/19, C‑222/19 and C‑252/19, EU:C:2020:631, paragraphs 83 to 85).