As reported by “Rzeczpospolita” on Friday (May 28th ), the District Court in Białystok by a judgment of May 19th, 2021 in case I C 609/20 dismissed the claim of ING Bank Śląski S.A. against creditors regarding the payment of remuneration for using the capital after the annulment of the loan agreement indexed to the Swiss franc.
In June 2018, the District Court in Katowice resolved that the contract is invalid in its entirety from the date of its conclusion. In response, the bank demanded the payment of not only the capital (PLN 125 thousand), but also 48 thousand PLN as a the remuneration for using borrowed money. The case went to the District Court in Białystok, which in June 2019 dismissed the bank’s claim. The bank appealed against this judgment and the case was referred to the Court of Appeal in Białystok. In February the latter decided to quash the judgment and referred the case for reconsideration. Now the District Court in Białystok has also dismissed the bank’s claim for a fee for using the capital after the contract has been canceled. In the oral justification of the judgment, the Court argued that such claims do not exist under Polish substantive law, and even if they existed, they would be contrary to the EU Directive 93/13 on consumer protection.
This issue is related to question No. 6 asked by the First President of the Entire Civil Chamber (“ if in the event of the invalidity or ineffectiveness of a loan agreement, either party is entitled to a claim for reimbursement of the benefit fulfilled in the performance of such an agreement, that party may also demand remuneration for the use of its cash through the other party?”)
More on this topic – https://www.rp.pl/Banki/305279908-Sad-oddalil-roszczenia-banku-zadajacego-oplaty-za-korzystanie-z-kapitalu.html
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
