Monitor Prawniczy

no. 14/2020

Assessment in light of Art. 3851 of the Civil Code of the currency indexation clause included in a credit agreement and the consequences of recognising it as abusive

Marcin Szymański
Autor jest adwokatem, Wspólnikiem w Kancelarii Drzewiecki, Tomaszek i Wspólnicy Sp.k.
Abstract

The commented judgement of the Regional Court in Warsaw of 3 January 2020 (XXV C 2514/19) was passed in the case the CJEU judgment of z 3 October 2019 directly referred to (C-260/18 Kamil Dziubak, Justyna Dziubak v Raiffeisen Bank International AG). For this reason the Regional Court’s ruling in this case aroused enormous interest.The author analyses the decisions of the Regional Court to consider the currency indexation clauses included in the credit agreement as impermissible within the meaning of Art. 3851 § 1 of the Civil Code, the possibility of the credit agreement remaining valid after those clauses had been considered ineffective, as well as the decision concerning financial claims of the plaintiffs.