Legislator Case Law & Legislation
X C 2350/20 AI generated

Court partially allowed consumer loan fee refund claim but rejected insurance premium return due to fixed term.

Case Number X C 2350/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court partially granted the plaintiff's claim for a refund of consumer loan fees and costs, awarding 3,446.34 PLN to the plaintiff. While the court accepted the argument that the loan fee should be reduced proportionally due to early repayment, it rejected the request for a refund of the insurance premium because the coverage period was fixed at 12 months and did not extend to the loan's early termination. Consequently, the plaintiff won 26% of the proceedings costs, while the defendant recovered the remaining 74%.

Legislator headnote

AI generated

Art. 49 ust. 1 ustawy o kredycie konsumenckim; Art. 813 k.c.: The consumer loan fee must be reduced proportionally upon early repayment, whereas insurance premiums are calculated strictly for the agreed coverage period and are not refundable if the coverage expires before the loan term ends.

Keywords

AI generated
consumer loan fee early repayment proportional reduction insurance premium coverage period consumer protection civil procedure costs

Cited Legislation

AI generated
Art. 49 ust. 1 ustawy o kredycie konsumenckim
Art. 813 k.c.
Art. 100 zd. 1 in fine k.p.c.
Art. 98 § 1 i 3 k.p.c.
Art. 99 k.p.c.
art. 813 k.c
art. 99 k.p.c

Cited Case Law

AI generated
AI generated

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