Decision of Supreme Court of 30th October 2019
IV CSK 190/19
- Interpretation of the concept ‘while exercising the act entrusted to him’, within the meaning of Article 429 of the Polish Civil Code, is determined by the facts of the specific case, and in particular by whether, from the injured party’s point of view taking their due diligence into account, the kind of act (which is related to the damage) provides objective grounds for the injured party’s acceptance of the existence of a functional relation between this act and activities that actually fell within the scope of the entrusted activities.
- The provision of Article 429 of the Polish Civil Code stipulates the liability of a person who entrusts another on the basis of the fault. The liability is autonomous and independent of the direct perpetrator’s liability.
The Supreme Court with the following ruling bench:
Władysław Pawlak, Supreme Court Judge
in the case filed by B. B. – a group representative against (…) Bank Spółka Akcyjna with its registered office in W. for payment at the hearing in camera at the Civil Chamber on 30th October 2019,
following the defendant’s cassation complaint against the judgement of the Court of Appeals in (…) of 26th September 2018, file ref. no V Aca (…),
- refuse to hear the cassation complaint;
- award the amount of PLN 12,500.00 (twelve thousand five hundred) from the defendant to the benefit of the plaintiff – group representative B. B. as the cost of the cassation proceedings.