The termination of a loan agreement by bank concluded with a consumer will be ineffective in the absence of a prior call on the borrower to repay the loan

– judgment of the Supreme Court of 18 June 2021 - case file no.: IV CSKP 92/21

The cited judgment is not groundbreaking, for it is in line with the existing body of rulings by common courts, according to which the termination of a loan agreement should be preceded by a call on the borrower to repay the debt within 14 working days and a notice to submit an application for debt restructuring within the same period of time. It is only after the bank has complied with the obligations set out in Article 75c of the Banking Law that the loan agreement may be terminated against the borrower.

The Supreme Court also rightly held that failure to comply with the above procedure does not lead to the invalidity of the termination of the loan agreement, but to the ineffectiveness of such termination.

Sale of private plots of land still not subject to value added tax

– judgment of the Voivodship Administrative Court in Białystok of 29 March 2022 - case file no.: I SA/Bk 38/22 […]

Provision of work for an employer by a contractor who performs a task for a contracting authority that has capital and personal ties with the employer

– resolution of the Supreme Court of 26 August 2021 - case file no.: III UZP 3/21 Pursuant to the […]

The child's opinion will determine whether fines (monetary sums) for inadequate parental contact will continue to accrue

– judgment of the Constitutional Tribunal of 22 June 2022 - case file no.: SK 3/20 Pursuant to the cited […]

Longer period of limitation for claiming compensation for wrongful detention

– judgment of the Court of Appeal in Białystok of 7 September 2018 - case file no.: II AKa 140/18 […]

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