Decision of the Regional Court in Warsaw 1st Civil Division of 14th January 2019
I C 1281/15
The decision was changed by the decision of the Court of Appeals in Warsaw 1st Civil Division of 27th August 2019, I ACz 618/19.
- A declaration on joining a group may not be made by a group member directly to the court with the omission of the group representative.
- The fact that a credit instalment is repaid directly in CHF currency cannot affect the possibility of participation in the proceedings by persons who repaid in this way. This is because the factual basis of their claims is similar to that of the other members of the group, and the fact that repayment is made directly in CHF may be relevant only to the amount of the claim for payment of the amounts charged as an undue pecuniary performance in connection with the bank’s use of the indexation clauses formulated unfairly in the credit agreements.
- It is impossible to argue that a demand based on Article 189 CCP may not be made by each of the co-borrowers, regardless of the relationship between them and the other or the subsequent debtor under the credit agreement.
