Filip Wojciechowski

In the opinion submitted yesterday to the case No. C-520/21, the Advocate General of the CJEU Anthony Michael Collins finds that the Directive is no obstacle to national legislative provisions, or national case-law interpreting those provisions, that facilitate the consumer in pursuing claims going beyond reimbursement of the instalments paid under the invalid mortgage loan agreement and default interest at the statutory rate from the date of the request for reimbursement. It is, however, a matter for the national court to determine, by reference to national law, whether consumers have the right to assert such claims and, if so, to rule on their merits.

The Appellate Court in Łódź in a case brought by a consumer against Bank BPH S.A., in the judgment of 24th January 2023 case no. I ACa 811/22, dismissed the bank’s appeal and finally determined that the contract concluded by the parties was invalid from the very beginning.

The District Court in Piotrków Trybunalski in a case brought by a consumer against mBank S.A., in the judgment of 30^th November 2022 case no. I C 1041/22, determined that the contract concluded by the parties was invalid from the very beginning.