On 18 March 2025, the Court of Appeal in Warsaw (VI ACa 3522/23; SSO del. Joanna Machoń) issued a partial judgement in which it completely amended the judgement of the territory Court in Warsaw of 30 July 2021 (XXC C 2524/18; SSO Edyta Bryzgalska) and annulled the debt agreement indexed with the EUR rate and concluded in November 2010 with Getin Noble Bank.
The case was circumstantial in that the contractual standard utilized by Getin Noble Bank in 2010 already included the anticipation of repayment of the debt in indexation currency (although subject to the inclusion of an annex for an additional fee) and the information for borrowers besides included information on the amount of the rates set by the bank and their possible deviation +-7.5% from the marketplace rate.
However, the Court found that this was not adequate due to the fact that there was no reliable information on the hazard and the conversion itself in the payment of the debt should be considered unfair. Therefore, the full agreement must be declared invalid.
Proceedings in respect of claims for payment shall stay suspended pending designation of the entry of the claim on the list in insolvency proceedings. If the claims submitted are entered on the list, the proceedings in this respect will be terminated, and if the admin refuses to registry and the insolvency court maintains this, the proceedings in this respect will continue.
Since the judgement is partial, it was not a decision on the costs of proceedings.
The judgement is final, but the admin may, within 2 months of receiving the written justification of the judgment, lodge a cassation complaint with the ultimate Court.
The case was handled by Dr. Jacek Czabański. The second instance procedure lasted 44 months and a full of 77 months.
