Right-wing win with BPH

By judgement of the Court of Appeal in Warsaw of 31 March 2026 (VI ACa 3416/23; SSA Beata Waś) the appeal of BPH bank was entirely dismissed from the judgement of the territory Court in Warsaw of 20 June 2023 (XXV C 1294/20; SSO Krystyna Stawecka) which established the nullity of the contract concluded with GE Money Bank in December 2006 and ordered reimbursement of the instalments paid with interest for the hold from the time of the pre-trial notice.

The borrower was besides charged PLN 8100 for reimbursement of the costs of appeal proceedings.

The Court of Appeal found the appeal of the bank to be totally unfounded. The court considered that the plaintiff was not decently informed of the currency risk. The work to inform the professional entrepreneur, which is the bank, was not decently exercised in the Court of Appeal's assessment. With specified a long deal, for many months, the bank should inform the plaintiff of monetary hazard over specified a long period. It should point to the anticipation of a increasing course and supply simulations in this respect and inform the plaintiff that there is simply a hazard of an increase in both the credit instalment and the credit balance.

It is so correct to regulation on the annulment of the credit agreement between the parties. Since the agreement between the parties is invalid, the way to the claimant’s claim to return the undue benefit has opened. The amount of this benefit was not contested by the parties and the interest for hold in the assessment of the Court of Appeal was besides correctly determined by the Court of First Instance.

The case was handled by lawyer Dr Jacek Czabański and lawyer Anna Wolna-Sroka. The second instance procedure lasted 34 months and a full of 73 months.

The conviction is final, but the bank can inactive file a cassation complaint with the ultimate Court.