I C 88/24
AI generated
Court dismisses loan claim due to usurious fees and invalid assignment of debt.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim for payment of a loan debt, ruling that the agreement contained prohibited usurious fees and an invalid assignment of the debt. The defendant argued that the fees were excessive and the assignment lacked legal basis, which the court found persuasive. Consequently, the court held the defendant was not liable for the disputed amounts and awarded the defendant the plaintiff's legal costs.
Legislator headnote
AI generatedUstawa o kredycie konsumenckim; Kodeks cywilny: Postanowienia umowy pożyczki zawierające rażąco wygórowane pozaodsetkowe koszty są niewiążące, a czerpanie wierzytelności bez udowodnienia legitymacji jest bezskuteczne.
Keywords
AI generated
usurious loan fees
assignment of debt
consumer credit law
prohibited contract clauses
legal costs award
Cited Legislation
AI generatedUstawa z dnia 12 maja 2011 r. o kredycie konsumenckim
art. 36a ustawy o kredycie konsumenckim
art. 98 § 1, § 1 pkt 1 i 3 k.p.c.
art. 108 k.p.c.
Cited Case Law
AI generatedI ACa 492/15
Appeal dismissed; court rejects claim against insurer citing lack of permanent disability and procedural defects.
III CSK 266/06
Supreme Court voids insurance settlement due to abusive clauses and excessive compensation costs.
I CSK 660/12
Supreme Court allows consumer clause allowing damages exceeding penalty to be invalid due to unfair imbalance.
I CK 297/05
Supreme Court vacated appeal ruling on unfair contract terms, requiring full reasoning for general clauses under Civil Code.
I CK 832/04
Supreme Court quashes appeal ruling on bank fee clauses for cash withdrawals violating consumer protection law.
I CK 472/03
Related Decisions
AI generatedI C 212/26
Court dismissed consumer loan claim due to plaintiff's failure to prove loan contract existence and standing.
VIII C 463/21
Court partially allowed loan claim, awarding principal and late fees while dismissing unverified interest demands.
I C 53/21
Court partially allowed loan claim, awarding remaining balance and interest while dismissing termination due to lack of proof.
I1 C 3517/18
Investment fund dismissed claim against borrower for unpaid loan due to failure to prove debt assignment.
III C 334/25
Civil court dismisses loan repayment claim due to failure to prove loan contract and disbursement.