Literatura prawnicza

Unfair Contract Terms Directive, Article 3 Unfair Contract Terms Directive, Article 4

The commented judgement of the Regional Court in Warsaw of 3 January 2020 (XXV C 2514/19) was passed in the case the CJEU judgement of z 3 October 2019 directly referred to (C-260/18 Kamil Dziubak, Justyna Dziubak v Raiffeisen Bank International AG). For this reason, the Regional Court’s ruling, in this case, aroused enormous interest. The author analyses the decisions of the Regional Court to consider the currency indexation clauses included in the credit agreement as impermissible within the meaning of Art. 3851 § 1 of the Civil Code, the possibility of the credit agreement remaining valid after those clauses had been considered ineffective, as well as the decision concerning financial claims of the plaintiffs.