Judgment of the Regional Court in Warsaw 24th Civil Division of 10th May 2017
XXIV C 554/14

Non-final judgment.

1. The provisions concerning the redemption fee/fees for the total redemption of the value of the policy may not be qualified as the main performance of the parties, as they do not affect the essence of the legal transaction. They are therefore subject to assessment as to their abusive nature.
2. Where the clause relating to the redemption fee/fees for the total redemption of the policy value is found to be abusive and it is impossible to apply the general terms and conditions of the agreement or the general provisions on obligations in that place, the fee should be returned pursuant to the provisions on undue performance – Article 410 of the Polish Civil Code.
3. There is no doubt that the payment of commissions to agents cooperating with the defendant constitutes a kind of obligation (…) which results from the business activity conducted. Therefore, under the quoted provision the use of funds from the fees collected for this purpose does not constitute consumption or loss of enrichment. By paying commissions from the fees, the defendant released itself from the obligation to pay, which was incumbent thereon as an entrepreneur. It cannot, therefore, be considered that it is no longer enriched in that regard.