After almost five hours of deliberation the full composition of the Civil Chamber of the Supreme Court, despite almost five hours of deliberation, did not adopt a resolution on May 11th, resolving the legal questions regarding foreign currency loans, raised by the First President. Instead, the Supreme Court asked the Ombudsman, the Ombudsman for Children, the President of the National Bank of Poland, the Financial Supervision Authority and the Financial Ombudsman – to outline their positions on the case. These entities have 30 days to do so.
As the Press Officer of the Supreme Court indicated, the full composition of the Civil Chamber made this decision taking into account the social and economic importance of the issues presented to it for resolution.
In the case, , after the judgment of the CJEU was issued on April 29th, (C-19/20), the answers to questions no 5 (in the event of the invalidity or ineffectiveness of a loan agreement due to the illegal nature of some of its provisions, does the limitation period for the bank’s claim for reimbursement of the amounts paid under the loan start from the moment of their payment?) and 6 i.e., (if, in the event of the invalidity or ineffectiveness of a credit agreement, either party has a claim for the reimbursement of the performance provided in the performance of such a contract, may that party also claim remuneration for the use of its funds by the other party?) became particularly important.
More on the Supreme Court gathering – https://www.sn.pl/aktualnosci/SitePages/Wydarzenia.aspx?ItemSID=757-0dc69815-3ade-42fa-bbb8-549c3c6969c5&ListName=Wydarzenia
More on legal questions of the First President of the Supreme Court – http://www.sn.pl/aktualnosci/SitePages/Wydarzenia.aspx?ItemSID=725-0dc69815-3ade-42fa-bbb8-549c3c6969c5&ListName=Wydarzenia
More on the CJEU judgment from April 29th, (C-19/20) – https://curia.europa.eu/juris/document/document.jsf?text=&docid=240550&pageIndex=0&doclang=pl&mode=req&dir=&occ=first&part=1&cid=12283844
