The Supreme Court ws. “Nabitych in mBank” cassation upheld the bank – Dziennik.pl

Earlier mBank (formerly BRE Bank), lost in two sets of proceedings of a lawsuit borrowers who took out loans in francs.

The first instance court granted the collective action 1247 “frankowiczów” who questioned the provisions of the agreement with the bank. They allowed mBank a change in the interest rate depending on the reference rate for the currency and financial parameters of changes in the money market and the capital of the country whose currency is the basis of indexation.

The first instance court held that the clause is ambiguous and concluded that it does not involve customers of the bank. The ruling was upheld in second instance, but, according to the defendant bank, it happened in conflict with the law. The Bank primarily questioned the admissibility of a class action in this case.

Judge-Rapporteur Supreme Court , quoted in Wednesday’s statement the Supreme Court, insisted that the proceedings dealt with three issues: the admissibility of the group, it whether the clause is unacceptable, or abusive to customers and what are the consequences of believing it to be inadmissible.

The process of over 1200 clients of BRE Bank (mBank now) against this institution has been going on for several years. class action lawsuit concerned the improper performance of mortgage contracts concluded in 2005-2006. READ MORE ON THIS TOPIC & gt; & gt; & gt;