• Dane sprawy
    • Identyfikator krajowy: Supreme Court, Judgement I NSNc 180/21
    • Państwo członkowskie: Polska
    • Nazwa zwyczajowa:N/A
    • Rodzaj decyzji: Orzeczenie sądu najwyższego
    • Data decyzji: 27/10/2021
    • Sąd: Sąd Najwyższy
    • Temat:
    • Powód/powódka:
    • Pozwany/Pozwana:
    • Słowa kluczowe: unfair terms
  • Artykuły dyrektywy
    Unfair Contract Terms Directive, Article 3 Unfair Contract Terms Directive, Article 7
  • Uwaga główna

    In the judgement, the Supreme Court indicated that agreements that create an obligation to make a payment which is secured by a promissory note may include unfair terms and shall be analysed by a court which would deliver a judgement on a debt payment originating from a promissory note.

  • Fakty

    By order of payment in the writ proceedings of March 29, 2018, the District Court in W. ordered PM to pay P. Spółka Akcyjna with its registered office in B. the amount of PLN 11,893.66 with statutory interest for delay calculated from February 18, 2018, by the date of payment and the amount of PLN 2,566.00 for reimbursement of the costs of the proceedings, which due to the lack of appeal against it, the order became final. The complainant indicated that the judgement was issued on the basis of a blank promissory note issued by the defendant on 2 September 2016 (filled in by the claimant for PLN 12,433.66), the issuance of which served as security for the repayment of the credit granted to the defendant by P. S.A. on the basis of a contract. The concluded agreement, having the nature of a consumer credit agreement, shows that the total credit amount is PLN 9,000.00, and the total amount to be paid is PLN 19,440.00. The monthly instalment was PLN 540.00, and the credit was concluded for 3 years (36 instalments). After the call for payment, P. M. paid the amount of PLN 540.00 and ceased to pay the rest of the claims. By letter of 18 January 2018, the plaintiff terminated the defendant's credit agreement and called on the defendant to redeem the promissory note within 30 days of the service of the summons. By order of the District Court in W. of March 12, 2018, the plaintiff, after filing the claim and issuing the order for payment, was required to prove the legitimacy of the claim in terms of contractual interest for delay in the amount of twice statutory interest. The order for payment issued by the District Court in W., as specified above, became final, meaning it cannot be appealed. By a decision of February 2, 2021, the District Court in W. I Civil Department suspended the execution of the abovementioned payment order in promissory note-order proceedings.

  • Zagadnienie prawne

    Is it necessary to examine an agreement concluded between a consumer and an entrepreneur that was the basis for a promissory note signed by a consumer if the entrepreneur demanded payment of a debt indicated in the promissory note?

  • Decyzja

    When concluding a credit agreement, the consumer could be convinced that since the state does not forbid a specific type of activity in the form of granting credits by entities other than banks, his interest is duly protected by the state against unfair market practices that may be used by entrepreneurs. The court did not take into account the fact that the defendant is a consumer and that, as the weaker party to the contract, he is subject to protection, which in the case of proceedings pending before a court should consist in verifying whether the claim is justified and whether there has been a breach of the provisions protecting the consumer against unfair market practices. Therefore, not taking into account the consumer nature of the basic relationship, the court failed to fulfil its obligation under Art. 76 of the Polish Constitution in connection with the provisions of Art. 7 sec. 1 of Directive 93/13, limiting itself only to the formal verification that the promissory note submitted by the claimant has been duly completed and its content and veracity do not raise any doubts.

    URL: http://www.sn.pl/sites/orzecznictwo/orzeczenia3/i%20nsnc%20180-21.pdf

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  • Wynik

    The Supreme Court repealed the district court judgement and returned the case to the district court.