Feb 24 • 14:02 UTC 🇵🇱 Poland Rzeczpospolita

First Getin Bank's receiver, then civil court

The Supreme Court of Poland's Civil Chamber addressed a case concerning a disputed Swiss franc loan from the now-bankrupt Getin Noble Bank, highlighting issues of information asymmetry and unlawful contract terms.

The Supreme Court of Poland's Civil Chamber recently tackled a significant case involving the settlement of a Swiss franc loan taken out in 2007 from Getin Noble Bank, which is now in bankruptcy. This case is critical as it underscores the implications of contract invalidity due to the bank's misuse of information advantage when offering the loan. The bank had failed to sufficiently disclose the risks associated with currency fluctuations, which ultimately led to the court finding the loan agreement void.

In 2018, owing to repayment issues, Getin Noble Bank terminated the contract and sued the borrower for the repayment of the loan amount. In a ruling in March 2022, the Regional Court in Warsaw-Praga decided that the borrower owed 600,000 PLN to the bank. However, at that stage, the borrower had already repaid 386,000 PLN and asserted other claims against the bank. This was integral to the ongoing legal discourse, as the borrower officially declared offsetting the bank's claim with his own receivables.

This case, which showcases the broader issues of consumer protection in the financial sector, especially concerning loans in foreign currencies, could have far-reaching implications for similar cases in Poland. The ruling not only affects the parties involved but also sets a precedent for how banks handle such agreements going forward, raising awareness about the responsibilities financial institutions have in clearly communicating risks to their clients.

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