District Court of Warsaw XXVIII civilian Division (SSO Robert Masznicz) by judgement of 15 April 2026 (XXVIII C 13420/23) against Bank BPH S.A. (formerly GE Money Bank S.A.):
I. found that the 2008 credit agreement concluded with the suspect was invalid;
II. Judged the suspect for the reasons a full of PLN [...] and [...] CHF, together with statutory interest for delaying from each amount from (...) to the date of payment;
III. dismiss the action in the remaining scope;
IV. judged the suspect for the reasons in full the amount of PLN [...] together with statutory interest for hold from the date of the judgement to the date of payment for reimbursement of the costs of the trial.
In the oral recitals of the decision, the Court of First Instance indicated that, in its view, the index clause contained in § 17 of the contractual standard, reserving to the bank the anticipation of unilaterally determining the amount of the liability of the another party, is of an abusive nature. This mechanics allowed the bank to freely form the course by adding its own, any margin to the NBP average rate.
In the Court’s view, the removal of the abovementioned provision in its entirety results in the designation that the contract is invalid (in accordance with, inter alia, the ultimate Court’s resolution of 25 April 2024 in the case of Case No III CZP 25/22/EC). Without the clause of § 17, the credit agreement would not be concluded by the parties, nor would it be suitable for further execution after it has been removed from the prohibited provisions.
Consequently, based on the explanation of 2 conditionings (Article 410 k.c.), The Court of First Instance took into account the action for annulment and ruled on the reasons for the reimbursement of the benefits provided for in the performance of the invalid contract, together with interest calculated from the date of the application for annulment. The request for reimbursement in abroad currency was corrected by the Court of First Instance only to a insignificant degree (in this respect the action was dismissed).
The conviction is invalid.
The first instance procedure lasted 30 months.
The case is led by Grzegorz Hourzin.
