Legislator Case Law & Legislation
X C 1734/21 AI generated

Court partially allowed loan claim by reducing excessive refinancing fees violating consumer protection and good faith.

Case Number X C 1734/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court partially dismissed the plaintiff's claim for loan repayment, ordering the defendant to pay a reduced amount of 421.30 zł while rejecting the remainder. The plaintiff sought full repayment including high refinancing fees, but the defendant argued these charges were excessive and lacked legal basis. The court ruled that the fees violated consumer interests and good faith by effectively extending the loan term without fair compensation, thus invalidating the excessive charges.

Legislator headnote

AI generated

Art. 355 § 1 k.c.; Art. 8d ust. 1 ustawy o kredycie konsumenta: The court may reduce or invalidate loan terms violating consumer interests and good faith when excessive fees are used to circumvent statutory interest caps.

Keywords

AI generated
consumer protection excessive fees loan refinancing good faith principle usury limits civil liability partial dismissal

Cited Legislation

AI generated
Art. 355 § 1 k.c.
Art. 8d ust. 1 ustawy o kredycie konsumenta
art. 233§1 k.p.c
art. 6 k.c
art. 232 k.p.c
art. 720 §1 k.c
art. 221 k.c

Cited Case Law

AI generated
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text