Final Judgments against ING Bank Śląski, Santander Consumer Bank, Bank Millennium and Bank BPH: Quarterly Summary of Judgments Obtained by KHM Law Firm

Below is a list of 13 judgments obtained for our clients in the last quarter of 2023 in disputes with banks over agreements linked to a foreign currency exchange rate. In all of these cases, the court found the disputed CHF-linked loan agreements invalid. We congratulate our clients and thank them for the trust they have placed in us.

1. On 7 September 2023, the Regional Court in Warsaw (Judge Agnieszka Bedyńska-Abramczyk), case no. XXVIII C 2476/21, issued a judgment against PKO BP S.A. in which it:

• declared invalid a "Własny Kąt Hipoteczny" housing loan agreement granted in 2006,
• awarded the clients PLN 220,001.68 with statutory interest for late payment from the date of the demand for payment,
• ordered the bank to bear the full costs of the proceedings.

The judgment is not final.

2. On 20 September 2023, the Regional Court in Słupsk (Judge Krzysztofa Gutowska), case no. I C 1035/22, issued a judgment against Bank Millennium S.A. in which it:

• awarded the clients PLN 409,216.69 with statutory interest for late payment from the date of the demand for payment, finding, as a preliminary issue, that two mortgage loan agreements from 2008 were invalid,
• ordered the bank to bear the full costs of the proceedings.

The judgment is not final.

3. On 5 October 2023, the Regional Court in Warsaw (Judge Michał Maj, District Court judge seconded to the Regional Court), case no. XXVIII C 10563/22, issued a judgment against PKO BP S.A. in which it:

• declared invalid a housing loan agreement concluded with the former Nordea Bank in 2007,
• ordered the bank to bear the full costs of the proceedings.

The judgment is not final.

4. On 13 October 2023, the Regional Court in Kraków (Judge Grzegorz Buła), case no. I C 802/22, issued a judgment against Bank BPH S.A. in which it:

• declared invalid a mortgage loan agreement granted by Bank BPH S.A. in Kraków in 2005,
• awarded each of the clients PLN 2,545.56 with statutory interest for late payment from the date on which they were informed of the consequences of invalidity,
• ordered the bank to bear the full costs of the proceedings.

The judgment is not final.

5. On 16 October 2023, the Court of Appeal in Katowice (Judges Małgorzata Wołczańska (reporting judge), Lucyna Morys-Magiera and Jolanta Polko), case no. I ACa 581/23, issued a judgment against ING Bank Śląski S.A. in which it:

• dismissed the bank's appeal against the judgment declaring invalid a mortgage loan (pożyczka hipoteczna) agreement from 2008,
• ordered the bank to bear the full costs of the proceedings.

The judgment is final and the bank has complied with it.

6. On 8 November 2023, the Regional Court in Kraków (Judge Krzysztof Lisek), case no. I C 3975/22, issued a judgment against Bank BPH S.A. in which it:

• declared invalid two mortgage loan agreements granted by Bank BPH S.A. in Kraków in 2005 and 2006,
• awarded the clients PLN 59,119.64 with statutory interest for late payment from the date on which the statement of claim was served on the bank,
• ordered the bank to bear the full costs of the proceedings.

The judgment is not final.

7. On 9 November 2023, the Regional Court in Łódź (Judge Anna Terlecka), case no. I C 2705/22, issued a judgment against mBank S.A. in which it:

• declared invalid a "Multiplan" mortgage loan agreement for individuals from 2007,
• awarded the client PLN 163,167.36 with statutory interest for late payment from the date of the demand for payment,
• ordered the bank to bear the full costs of the proceedings.

The judgment is not final.

8. On 16 November 2023, the Court of Appeal in Kraków (Judge Jerzy Bess), case no. I ACa 628/22, issued a judgment against Bank Millennium S.A. in which it:

• dismissed the bank's appeal almost entirely against the judgment declaring invalid a mortgage loan agreement from 2006, while upholding the bank's right of retention defence and, at the same time, taking into account the set-off made by the clients,
• ordered the bank to bear the full costs of the proceedings.

The judgment is final.

9. On 24 November 2023, the Regional Court in Tarnów (Judge Wiesław Grajdura), case no. I C 65/23, issued a judgment against mBank S.A. in which it:

• awarded the clients PLN 131,957.31 with statutory interest for late payment from the date of the demand for payment, finding, as a preliminary issue, that the agreement from 2004 was invalid,
• ordered the bank to bear the full costs of the proceedings.

The judgment is not final.

10. On 30 November 2023, the Court of Appeal in Wrocław (Judge Ewa Głowacka), case no. I ACa 2497/22, issued a judgment against Santander Consumer Bank S.A. in which it:

• dismissed in its entirety the bank's appeal against the judgment declaring invalid a loan agreement from 2006,
• ordered the bank to bear the full costs of the proceedings.

The judgment is final and the bank has complied with it.

11. On 5 December 2023, the Court of Appeal in Kraków (Judge Rafał Dzyr), case no. I ACa 209/23, issued a judgment against Bank BPH S.A. in which it:

• dismissed in its entirety the bank's appeal against the judgment declaring invalid a loan agreement granted by the former GE Bank Mieszkaniowy in 2004,
• ordered the bank to bear the full costs of the proceedings.

The judgment is final.

12. On 6 December 2023, the Regional Court in Kraków (Judge Magdalena Soboń), case no. I C 2873/23, issued a judgment against Bank BPH S.A. in which it:

• declared invalid a mortgage loan agreement concluded with the former GE Money Bank in 2008,
• awarded the client PLN 43,204.24 with statutory interest for late payment from the date of the demand for payment,
• ordered the bank to bear the full costs of the proceedings.

The judgment is not final.

13. On 8 December 2023, the Regional Court in Kraków (Judge Edyta Żyła, District Court judge seconded to the Regional Court), case no. I C 3494/22, issued a judgment against PKO BP S.A. in which it:

• declared invalid a mortgage loan agreement concluded with the former Nordea Bank in 2009,
• awarded the clients PLN 271,783.56 and CHF 6,389.78, but without interest, as it upheld the bank's right of retention defence,
• ordered the bank to bear the full costs of the proceedings.

The judgment is not final. An appeal will be filed as regards the interest claim.

All of the cases were handled by legal advisor Olaf Maciejowski together with trainee legal advisor Paulina Kosak.