Judgment of the Regional Court in Wrocław, 1st Civil Division, dated June 24, 2024
I C 976/17

The Regional Court in Wrocław, 1st Civil Division, composed of the following:

Presiding Judge:      SSO Rafał Cieszyński

Judges:                       SSO Aneta Fiałkowska-Sobczyk, SSO Sławomir Urbaniak

having examined in closed session on June 24, 2024, in Wrocław, the case brought by the Municipal Consumer Ombudsman in (…) W. (group representative) against (…) Bank (…) S.A. with its registered office in W. for a declaration

1. determines that the defendant (…) Bank (…) S.A. with its registered office in W. is liable to the Members of the Group: [data of 483 members of the group]

–    for the use of prohibited provisions in the model agreements entitled “Housing loan agreement (…) concluded in 2006-2009 by (…) Bank S.A. with its registered office in W. with the Group Members, which were included in:

–    § 2(2) of the agreements: “The amount of the loan denominated (indexed) in CHF or the loan tranche shall be determined according to the foreign exchange buying rate for the above-mentioned currency in accordance with the “Exchange Rate Table” applicable at the Bank on the date of use of the loan or loan tranche.”;

–    § 4(1a) of the agreements: “The loan is used in PLN, with the loan amount converted at the foreign exchange buying rate for CHF in accordance with the “Exchange Rate Table” applicable at the Bank on the date of use of the loan”;

–    § 9(2) of the agreements: “After the loan period, the Borrower undertakes to repay the loan together with interest in (…) monthly installments on the (…) day of each month, starting from (…). The amount of principal and interest installments is specified in CHF. Principal and interest installments are repaid in PLN after conversion of principal and interest installments at the CHF selling rate in accordance with the “Exchange Rate Table” applicable at the Bank on the repayment date. The amount of principal and interest installments in PLN depends on the foreign exchange selling rate for CHF applicable at the Bank on the repayment date, and thus a change in the above-mentioned exchange rate affects the final amount of the loan repaid by the Borrower”;

1. dismisses the further claim;

III. awards the claimant PLN 25,000 in legal representation costs from the defendant, together with statutory interest for delay in payment calculated from the date on which the judgment becomes final.