Case law > Judgment of the Regional Court in Wrocław, 1st Civil Division, of 25th May 2023

Judgment of the Regional Court in Wrocław, 1st Civil Division, of 25th May 2023
I C 2005/15

  1. It is generally accepted in case law and doctrine that a legal interest within the meaning of Article 189 of the Code of Civil Procedure exists when there is uncertainty as to the legal status or law, giving rise to a need for legal protection. This uncertainty must be objective in nature, i.e., it must exist on the basis of a reasonable assessment of the situation in which the claimant brings such an action. Therefore, legal interest in a claim for determination of a legal relationship or right cannot be questioned when it is relevant to both current and future possible, but objectively probable, legal relationships and rights or the legal situation of the entity bringing the claim. On the other hand, the absence of such an interest can be said to exist both when the claimant has no need to establish a right or legal relationship, and when he can fully protect his rights in a simpler and easier way, e.g. in proceedings for the performance or shaping of a right or legal relationship.
  2. The concept of “conditions for changing the interest rate” within the meaning of Article 69 Section 2 of the Banking Law should be understood in such a way that the content of the agreement allows for a precise determination of when the interest rate should increase and when it should decrease.
  3. The extent to which the party exercised the rights resulting from the prohibited contractual provisions is irrelevant to the resolution of the case. This is because the invalidity of contractual provisions has an ex tunc effect and is enforceable by law, and therefore the manner in which they are exercised is irrelevant.
  4. The method of determining the interest rate, which caused that the borrower was, in fact, entirely dependent on the creditor’s decision, and the creditor himself largely determined the level of the benefit due to him, is contrary to the nature of the contractual relationship and, consequently, invalid. The consequence of this invalidity is the invalidity of the entire agreement. Without specifying the conditions for changing the interest rate, the entire variable-rate loan agreement is invalid.
  5. The interest rate on a loan is one of the essential elements (essentialia negotii) of a loan agreement provided for in Article 69 Section 1 of the Banking Law. The elimination of such a provision means that the loan agreement loses its character and, as a consequence, is invalid.
  6. The assessment of the agreement from the point of view of prohibited clauses is made according to the status at the time of conclusion of the agreement. It is therefore not possible to effectively amend an agreement that has been invalid since its conclusion.
  7. The issue of choosing a loan indexed to a foreign currency does not itself mean that a specific indexation mechanism has been individually negotiated.
  8. The risk of exchange rate volatility is one thing, but the arbitrary setting of exchange rates by the bank’s management, which clearly affects the consumer’s situation, is another. On the other hand, specifying the conditions for determining the exchange rate at which the loan is to be repaid according to the selling rate applicable at the National Bank of Poland cannot be considered an abusive provision. The latter is an objective criterion, independent of both parties to the legal relationship resulting from the agreements concluded between them.

the Regional Court in Wrocław, 1st Civil Department, composed of:

Presiding Judge:            Adam Maciński, Regional Court Judge

Judges:                            Aneta Fiałkowska – Sobczyk, Regional Court Judge;

Sławomir Urbaniak, Regional Court Judge

having examined on 25th May 2023 in Wrocław, at a session in camera, a case brought by [data of 55 group members] against (…) Bank JSC with its registered office in W. to determine,

  1. dismisses the main claim;
  2. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 23rd December 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  3. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 17th February 2006, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W.;
  4. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 14th June 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC its registered office in W.;
  5. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 24th June 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  6. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 17th January 2006, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W.;
  7. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 11th March 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  8. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 27th January 2006, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W.;
  9. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 17th January 2006, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W.;
  10. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 3rd October 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  11. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 25th July 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  12. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 21st October 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  13. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 29th June 2005, concluded between [data of 4 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  14. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 15th July 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  15. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 10th November 2004, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  16. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 7th October 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  17. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 5th January 2006, concluded between [data of 1 group member] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  18. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 28th September 2005, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  19. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 14th June 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  20. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 19th July 2005, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  21. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 14th October 2004, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  22. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 19th January 2006, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W.;
  23. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 7th December 2005, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  24. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 23rd November 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  25. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 12th July 2005, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  26. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 4th November 2004, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  27. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 7th April 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  28. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 22nd September 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  29. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 21st July 2005, concluded between [data of 3 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  30. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 23rd May 2005, concluded between [data of 1 member of the group] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  31. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 11th January 2006, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  32. determines that there is no legal relationship arising from the mortgage loan agreement nominated for CHF number (…) standard interest rate of 19th August 2005, concluded between [data of 2 group members] and (…) Bank JSC with its registered office in W., whose legal successor is (…) Bank JSC with its registered office in W.;
  33. awards from the defendant PLN 319.34 in favor of each of the plaintiffs as reimbursement of the costs of the proceedings.