The EGF Agreement is hereby invalid

By judgement of 21 January 2025, the Court of Appeal in Warsaw (I ACa 231/23; SSA Joanna Wiśniewska-Sadomska) dismissed entirely the appeal of Raiffeisen Bank global AG from the judgement of the territory Court in Warsaw of 27 October 2022 (XXV C 1576/19; SSO Krystyna Stawecka), in which the Court of First Instance made a reasoned declaration of nullity of the debt agreement concluded in May 2008 with Polbank of the EGF of about PLN 400 1000 and ordered the collection of sums paid by it until the full early repayment of the debt of about PLN 160 1000 and CHF 180 1000 with statutory interest for the hold from 6 October 2022. The borrower did not make an appeal for a distant interest claim for an earlier period.

The Court of Appeal had no uncertainty that the suspect had failed to fulfil his information obligations and that the contract had to be considered unfair.

The procedure lasted for 27 months in the second instance and a full of 99 months.

The case was led by Dr Jacek Czabański and earlier by Maciej Zaborowski and Jakub Ryzlak.

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