The appellate Court in Warsaw finally determined that the contract concluded with the mBank S.A. was invalid from the very beginning and order the bank to return the borrowers all that they had paid to the bank.


The Appellate Court in Warsaw in a case brought by a consumers against mBank S.A., in the judgment of 24th February 2023 case no. V ACa 358/22, dismissed the bank’s appeal and finally determined that the contract concluded by the parties was invalid from the very beginning.

As a consequence, the judgment of the Regional Court in Warsaw from July 30th, 2021, awarding the clients of Włodarczyk Ziomek & Wojciechowski s.c. return of the benefit not due to the bank in the amount of 242.819,12 PLN with the interest for delay and court fees became final and binding. The court also denied the bank exercising the right to retention.

36 months passed between the filing of the claim and the issuance of the ruling. The judgment is final.

As a result, the borrowers were released from the obligation of further payments as capital of 58.552,08 CHF that is, according to the current NBP exchange rate, approximately PLN 279.580,32.