Judgment of the Regional Court in Wroclaw 12th Civil Division of 8th November 2018
XII C 74/18

The judgment was partially changed by the judgment of the Court of Appeal in Wrocław of November 4, 2019, I ACa 239/19

1. Performances delivered on the basis of a prohibited clause of low own contribution insurance, not binding for the members of the group, constitute undue performances and as such are subject to return under Article 410 (1) and (2) CC in conjunction with Article 405 CC.
2. Claims pursued on the grounds of unjust enrichment (Article 405 CC et seq.), in particular under Article 410 CC, which provides for undue performance, do not become due without a call for payment (Article 476 CC).

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