Agreement d. Bank debt invalidated, justice Kurałek's judgement modified in full

kancelariaczabanski.pl 3 weeks ago

The Court of Appeal in Warsaw (VIII ACa 438/26; SSA Dorota Markiewicz) in its judgement of 19 March 2026 completely amended the judgement of the territory Court in Warsaw of 22 February 2023 (I C 364/20; SSO Andrzej Kuryłek) In its entirety and determined that the contract concluded with Kredyt Bank was invalid in October 2008 and ruled that the recipients would be reimbursed the sums paid with interest for the hold from the call for payment. The bank’s plea of arrest (because of the impermissibility of specified a plea) and the charge of set-off in consequence to the claim (because of the deficiency of due diligence of the bank) were not taken into account.

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

The case was handled by Dr Jacek Czabański.

The proceedings lasted 37 months in the second instance and a full of 74 months.

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