Swiss Franc Credit Holders vs. Getin Noble Bank S.A.

A group of consumers – represented by the District Consumer Ombudsman in Poznan – vs. Getin Noble Bank S.A.

Action for the establishment of the non-existence of legal relationships arising from foreign currency indexed mortgage credit agreements, alternatively, for the establishment of the ineffectiveness, in relation to group members, of the conversion clauses (referring to the bank exchange rate for the purchase and sale of foreign currency as shown in the exchange rate table) applied in those agreements or, alternatively, for the establishment of the invalidity of the entire credit agreements, alternatively, for amendment of the agreements (with retroactive or future effect) by providing for a different method of performance of the borrowers’ obligations and by specifying the obligation to repay the credit in Polish currency, alternatively, for the establishment of the defendant’s liability for damages in relation to group members.

1st STAGE
  • Decision of the Court of Appeals in Warsaw 6th Civil Division of 14th March 2019, VI ACz 785/18 – rejecting the side intervener’s complaint against decision of the Court of Appeals in Warsaw 6th Civil Division of 4th October 2018, VI ACz 785/18
  • Decision of the Regional Court in Warsaw 25th Civil Division of 25th September 2014, XXV C 530/14 – repealing its own decision, i.e. of the decision of the Regional Court in Warsaw 25th Civil Division of 1st August 2014, XXV C 530/14, following the respondent’s withdrawal by the defendant of the motion to obligate the claimant to make a deposit prior to the above provision becoming final (or contested) and rejection of the respondent’s new motion to obligate the claimant to make a deposit to secure the costs of the proceedings
  • Decision of the Regional Court in Warsaw 25th Civil Division of 1st August 2014, XXV C 530/14 – dismissing the defendant’s motion to obligate the claimant to make a deposit to secure the costs of the proceedings
  • Statement of claims filed on: 14th April 2014 (for both actions – by the order of 5th February 2015, case to file ref. no. XXV C 531/14 was joined for joint examination with the case to file ref. no. XXV C 530/14)