The provisions of the contract or template, set unilaterally by the bank, and granting it the right to unilaterally, independently determine the buy and sell rate of CHF in relation to PLN without indicating the rules for shaping this rate are provisions violating decency, because they harm the essence of the contractual balance of the parties. A gross violation of the consumer's interests means an unjustified disproportion of rights and obligations arising from the contract to his disadvantage, resulting in an unfavourable shape of his economic situation and his unfair treatment. When assessing the premise of gross violation of the consumer's interest, the Court should also consider the contractual mechanism imposed by the entrepreneur to shape the rights and obligations of the borrower, taking into account the risk to which he was exposed by concluding an agreement including an abusive provision enabling the bank to unilaterally determine and shape the exchange rate in the course of performing the agreement. A reference to the exchange rates contained in the bank's "exchange rate table" means a violation of the equivalence of the parties to the contract by an uneven distribution of rights and obligations between the partners of the bond relationship. The right to set the currency rate unilaterally formed in the loan agreement by way of a resolution taken from the agreement template by the bank may not be arbitrary (i.e., it shall not experience any restrictions in the form of specific, objective criteria for changes in the exchange rates used). They should be assessed as part of the content of the contract resulting in an uneven distribution of rights and obligations of the parties to the loan agreement, leading to a violation of consumer interests, including primarily economic interest, corresponding to the amount of individual loan instalments. In this respect, significant importance should also be attributed to the requirement of appropriate transparency and clarity of the contractual provision (i.e., the answer to the question whether the concluded contract clearly indicates the reasons and the specifics of the currency conversion mechanism, so that the consumer can predict, on the basis of transparent and understandable criteria, the economic consequences).
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