An important verdict in the Frankovich case. The bank made them pay 400,000.

The case concerns a married couple who took out a mortgage for 300,000 10 years ago. złoty denominated in Swiss francs. “After five years, they stopped repaying the loan, and the bank calculated the amount due in the amount of PLN 400,000. Based on the documents from the bank, the court ruled on the payment. It became final because Mr. applied to the Supreme Court about this case.

Frankovich in court

According to the Ombudsman, the court could not make such a decision without a preliminary analysis of the loan agreement concluded by the clients with the bank. And, according to the Ombudsman, the court did not do this, because the ruling was issued without a hearing.

“Such an obligation follows from the standards adopted in the European Union: the European, and therefore the Polish court, resolving the dispute between the entrepreneur and the consumer (the weaker party), must balance this disproportion. Only on this basis can it be assessed whether the entrepreneur’s (bank’s) claim is justified,” reads the Ombudsman’s communiqué.

The Supreme Court ruled

Having considered the case, the Supreme Court satisfied the complaint of the Commissioner for Human Rights and decided to cancel the decision of the district court on payment. The decision, as the court explains, is due not so much to the recognition of the provisions of the contract as illegal, but to the fact that the district court did not consider it during the consideration of the case. The case will now return to the lower court.

“According to the Supreme Court, in the analyzed case, the validity of the contested payment order does not mean that the court considered the validity and fairness of the terms of the agreement concluded by the parties. Meanwhile, in the case of making a payment on the basis of requirements arising from the contract concluded with the consumer, he had such a clear obligation, ”the Ombudsman informs.