Judgment on bank returns

On September 11, 2019, the EU Court of Justice issued a very favorable judgment for people who had repaid a consumer loan or loan before the deadline but did not receive a proportional reimbursement of bank costs.

Such as commission, administrative fees or preparation fees. If you are wondering whether you are affected by the CJEU judgment on returns, see the article below – we explain everything.

Who is entitled to a refund?

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Judgment of the Court of Justice of 11 September 2019 against the Cooperative Savings and Credit Union Franciszek Stefczyk et al. applies to consumers within the meaning of art. 22¹ of the Civil Code (i.e. of 15 May 2019, Journal of Laws, item 1145), i.e. natural persons performing legal actions with the entrepreneur not directly related to their business or professional activity .

In practice, this means that you are such a consumer among others in a situation when you take a loan to renovate an apartment, purchase household appliances or meet other needs related to running a household.

What forms of financing does the CJEU judgment regarding bank returns concern?

Consumer credit is one of the most popular forms of financing

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In accordance with art. 3 clause 1 of the Act of May 12, 2011 on consumer credit (i.e. of May 16, 2019, Journal of Laws, item 1083, as amended) , we are talking about a consumer credit agreement in the case of a credit agreement not exceeding 255 550 PLN or its equivalent in a currency other than Polish currency .

The loan agreement may also be for a value higher than PLN 255 550 – but only if it is a loan not secured by a mortgage and intended for the renovation of a house or apartment.

What about consumers who have a loan or a revolving loan? We also have good news for them!

It is worth remembering that the provisions of the Act require the following contracts to be treated in the same way as a consumer loan agreement:

  • loan agreement,
  • loan agreement within the meaning of the provisions of the Banking Law (i.e. of October 25, 2018, Journal of Laws, item 2187, as amended),
  • revolving loan agreement.

If your credit or loan agreement is not listed above, contact our specialist to find out if you may be entitled to a refund. We have listed only the most common types of contracts. The Consumer Credit Act provides for a larger scope and perhaps in your situation the CJEU judgment on returns will also apply.

Who can grant consumer loans?

Who can grant consumer loans?

Pursuant to Polish law, consumer loans may be granted by:

  • institutions authorized by law to grant loans, i.e. banks and cooperative savings and credit unions,
  • loan institutions,
  • manufacture,
  • service provider.

Banks operate on the basis of the Banking Act, cooperative savings and credit unions on the basis of the Act of November 5, 2009 on cooperative savings and credit unions (i.e. of November 29, 2018, Journal of Laws, item 2386 as amended ), and loan institutions – based on the Consumer Credit Act.

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