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X C 866/20 AI generated

Court partially allowed consumer loan claim, striking down abusive fees exceeding 85% of principal as contrary to good morals.

Case Number X C 866/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court partially dismissed the plaintiff's claim for 11,141.70 PLN against a defendant regarding a consumer loan secured by a blank check. While the court recognized the validity of the loan agreement, it found that specific fees totaling 7,571 PLN and associated penalties were abusive and violated good morals due to their arbitrary and excessive nature. Consequently, the court awarded the plaintiff 3,270.70 PLN for the legitimate portion of the debt, dismissed the claim for the abusive fees, and ordered the defendant to bear part of the litigation costs.

Legislator headnote

AI generated

Art. 385 § 1 k.c.; Art. 385 § 2 k.c.; Art. 720 § 1 k.c.: Fees in consumer credit contracts that are arbitrary, excessive, and disproportionate to the service provided are contrary to good morals and constitute abusive clauses that must be struck down.

Keywords

AI generated
consumer loan contract abusive clauses good morals blank check litigation costs partial dismissal usury

Cited Legislation

AI generated
Art. 385 § 1 k.c.
Art. 385 § 2 k.c.
Art. 720 § 1 k.c.
Art. 355 k.p.c.
Art. 203 § 1 k.p.c.
Art. 98 § 1 k.p.c.
Art. 98 § 3 k.p.c.
Art. 99 k.p.c.
Art. 100 k.p.c.
Art. 13 ust. 1 pkt 6 ustawy o kosztach sądowych w sprawach cywilnych
par. 2 pkt 4 rozporządzenia Ministra Sprawiedliwości z dnia 22 października 2015 r.
art. 1 ust. 1 pkt 2 ustawy z dnia 16 listopada 2006 r. o opłacie skarbowej
AI generated
I C 993/20
Court dismissed claim for penalty interest on a loan where the underlying contract was deemed invalid due to excessive fees.
I C 175/18
Court partially allowed loan claim, dismissing excessive fees while upholding principal and preparation charges.
VIII C 41/23
Court partially allowed loan claim for principal and interest, dismissing remaining debt while awarding process costs.
I C 507/23
Court partially dismissed consumer loan claim, allowing principal interest but rejecting excessive commission fees.
I C 24/22
Consumer loan contract abusive clauses voided; partial claim allowed; costs awarded to plaintiff.

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