Monitor Prawniczy

no. 6/2023

Preferential fees in cases concerning claims arising from banking activities

Marcin Dziurda
Autor jest adiunktem w Katedrze Postępowania Cywilnego Uniwersytetu Warszawskiego.
Abstract

Pursuant to Art. 13a of the Act on Court Fees in Civil Cases, a fixed fee of PLN 1,000 is charged from the party who is a consumer or a natural person running a family farm in cases concerning claims arising from banking activities if the value of the object of litigation is in excess of PLN 20,000. In its Resolution of 28 January 2022, III CZP 38/22, the Supreme Court held that where the plaintiff who is a consumer asserts several claims arising from banking activities in a single statement of claim the plaintiff will be charged with one fixed fee under the above provision if the value in dispute under those claims, as determined pursuant to Art, 21 of the Code of Civil Procedure, exceeds PLN 20,000. On the other hand, in its Resolution of 16 November 2022, III CZP 116/22, the Supreme Court held that Art. 13a of the Act on Court Fees in Civil Cases is applicable to claims asserted by consumers that arise from banking activities within the meaning of Art. 5(1) and (2) of the Banking Law.