District Court in Warsaw in a case brought by borrowers against mBank S.A. (the legal successor of the BRE Bank S.A.), in the judgment of 30 July 2021 case no. II C 2905/20, determined that the contract concluded by the parties was invalid from the very beginning, because the bank has introduced provisions on the indexation of the loan to the Swiss franc which had shaped the rights and obligations of the borrowers-consumers in a manner that is contrary to good practices, grossly violating their interests.
In the opinion of the Court, provisions referring to exchange rate tables, allowing the bank to freely, determine the rate at which it converts the liabilities of its clients, are also prohibited.
The court also found that the borrowers were not able to negotiate with the bank the provisions of the contract which copied the provisions of the standard contract used by the bank in its operations. In addition, as the Court noted, some of the indexation provisions were included in the loan regulations, which could be freely and at any time changed by the bank.
As a consequence, the District Court awarded the clients of Włodarczyk Ziomek & Wojciechowski s.c. return of the benefit not due to the bank in the amount of PLN 242.819,12 with the interest for delay. This judgment is not final.
