Consumers have something to be happy about. The Supreme Court, confirming the earlier ruling of the European Court of Justice, gave them an important argument in disputes with banks and lenders.
Until now the practice of common courts concerning questioning the amount of non-interest credit costs charged in connection with the credit granted under the Act of 12 May 2011 on consumer credit was not consistent. Most courts supported the view advocated by consumers that the number of credit fees charged in this respect may be challenged under Article 3851 § 1 of the Civil Code, i.e. the so-called abusive clauses. They maintained their position even though the fees were consistent with the limit set under the Consumer Credit Act.
The courts sharing the lenders’ view, however, pointed to the fact that non-interest credit costs were set by the Consumer Credit Act. Consequently, if such costs were below the statutory claim limit, they were awarded in favor of the lenders.
However, such rulings were in the minority. Therefore, the conclusion of the Supreme Court expressed in the resolution of 27 October 2021, ref. Ref. III CZP 43/20, stating:
“The fact that the non-interest costs of consumer credit do not exceed the amount specified in Article 36a(1) and (2) of the Consumer Credit Act of 12 May 2011 does not exclude the assessment whether the provisions specifying these costs are prohibited (Article 3851 § 1 of the Civil Code)”.
Moreover, the Supreme Court’s judgment is consistent with the case-law of the Court of Justice of the European Union. It expressed its position, inter alia, in the judgments of:
- 26 March 2020, C – 779/18, Mikrokasa,
- 3 September 2020, C – 84/19, C – 222/19 and C – 252/19, Profi Credit Polska S.A.
In the same ruling, the Supreme Court also determined that the commission fee payable to the lender for granting the loan does not constitute the main performance of the agreement. Therefore it becomes possible to question the amount of the commission charged to the consumer according to Article 3851 § 1 of the Civil Code.
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