The territory Court in Warsaw by judgement of 14 January 2026 (SSO Joanna Krawczyk) in Case XXVIII C 18321/21 v Raiffeisen Bank global AG based in Vienna Raiffeisen Bank global AG (Actionary Company) Branch in Poland:
1. He established that the November 2007 mortgage agreement between the plaintiff and the EGF Eurobank Ergasias S.A. The branch in Poland based in Warsaw is invalid.
2. He judged from the suspect to the plaintiff the amount of PLN 68,270,94 and the amount of CHF 46,089,00 – both above-mentioned amounts with statutory interest for hold from 10 September 2021 to the date of payment.
3. He decided that the costs of the trial were borne entirely by the defendant, leaving them to be calculated by the referee.
The court found that the plaintiff had consumer status.
In the Court’s assessment, the provisions on the indexation mechanics contained in the contract in question constitute abbreviations. An indexed credit agreement cannot be without provisions providing for indexation, so there is no anticipation that the gap arising from this clause can be complemented by a provision of national law. Consequently, the credit agreement, after excluding these clauses and exchange rate risks, cannot proceed to apply and is invalid (Article 58(1) of the KC).
In view of the uncovering that the contract in question is invalid, the parties, in accordance with the explanation of the 2 conditions, are required to reimburse the amounts provided under that contract, i.e. to reimburse the benefit not due under Articles 405 and 410(1) KC.
In this procedure, the plaintiff demanded that the amounts which she paid for the repayment of the capital-interest instalments, the punishment interest and the additional charges before the application was lodged.
According to the case-law of the ultimate Court and the Court of Justice of the European Union, the limitation period for that claim cannot begin to run until the borrower has learned of the annulment of his contract.
The conviction is invalid.
The case is led by Anna Wolna-Sroka from the Chancellery of the Lawyers of Chabański Wolna-Sroka S.K.A.