Bank Raiffeisen appeal dismissed in full!
On 21 October 2025, the Court of Appeal in Warsaw (consisting of SSA Paulina Aslanowicz, SSO Ada Sędrowska, SSA Marcin Strobel, ref. Act VIII of ACa 5482/25) issued a judgement in which it dismissed the appeal of Bank Raiffeisen in full from the judgement of the territory Court of Warsaw of 19 December 2024 sygn. XXVIII C 20020/21 fixing the nullity and judging to the borrower the excess over the amount of capital after the deduction, which included capitalised statutory interest for the delay.
It is worth noting that the case had a complicated situation. Following a call for the bank to repay the amount of the debt actually paid, the borrower made a deduction with capitalised statutory interest for the delay. Subsequently, before the first date of the hearing, the borrower’s lawyer partially withdrew the claim in connection with the deduction and reached the determination of the annulment of the contract, together with an excess of the capital which included capitalised statutory interest for the delay. The Bank will not agree with the judgement of the territory Court in Warsaw and has brought an appeal against the judgment, in addition citing the retroactive effect of the deduction, which would consequence in the statutory interest which has been delayed for the benefit of the consumer since the time limit set out in the court notice.
In the course of the hearing, a broad view was presented with mention to the ultimate Court ruling, which was brought in the case conducted by our Chancellery, in which the ultimate Court confirmed the anticipation of deducting capitalised statutory interest for delay.
The Court of Appeal agreed with the plaintiff’s lawyer and dismissed the bank’s appeal in its entirety. The Court of First Instance considered that the claimant had the right to deduct the capitalised statutory interest for hold and that the alleged retroactive effect of the deduction could not be considered. Consequently, an excess of capital was charged to the borrower, which included capitalised statutory interest for the hold from the deadline set in the pre-trial notice.
The conviction is final.
Anna Wolna-Sroka from the Chabański Free-Sroka S.K.A. Attorney's Office led the case.
