Warsaw-Prague territory Court in Warsaw III civilian Division (SSO Błażej Domagał), judgement of 28 January 2026 (III C 3947/23) v Bank BPH Akcyjna Spółka Akcyjna, based in Gdańsk:
1. determined that the 2006 debt agreement concluded with GE Money Bank Spółka Akcyjna with its registered office in Gdańsk (now BPH Spółka Akcyjna with its registered office in Gdańsk) was invalid;
2. Judged from Bank BPH Spółka Akcyjna, headquartered in Gdańsk, on behalf of the plaintiff the amount of PLN [...] together with statutory interest for hold from [...] until the date of payment;
3. Judged from Bank BPH Spółka Akcyjna, based in Gdańsk, for the plaintiff's reimbursement of the costs of the process, the amount of PLN, together with interest on statutory interest for the hold in the payment of the cash benefit for the time from the date on which the judgement was finalized until the date of payment.
In the oral recitals of the judgment, the Court of First Instance indicated that the credit agreement contained unlawful contractual provisions, in peculiar index clauses referring to abroad currency rates determined unilaterally by the bank. These provisions introduced into the legal relation a abroad currency valorisation mechanics that distorted the contractual balance of the parties, putting the consumer at hazard both to the discretion of the bank in setting the rates and to the unlimited currency hazard which was entirely transferred to the borrower without being duly informed of the consequences of specified risk.
The Court of First Instance pointed out that the abuzzivity of these provisions is not limited to the issue of the exchange rate margin, but to the full indexation mechanism, which cannot function after the removal of prohibited clauses.
Consequently, there were no grounds for applying the alleged blue pencil test, and after the elimination of the abuzz clauses the contract could not be maintained and as specified it is invalid in its entirety.
The Court of First Instance noted that the above position was confirmed in the established case law of the average courts, the ultimate Court and the Court of Justice of the European Union.
As a consequence of the annulment of the contract, the work of the bank to repay the undue benefits provided by the claimant in the performance of the contract, together with the interest due for the delay.
The conviction is invalid.
The investigation lasted 25 months in total.
The case was handled by Mr Grzegorz Hourina and Mr Radosław Zalewski.
