District Court in Warsaw XXVIII civilian Division by judgement of 16 July 2025 (SSO Dariusz Rutkowski) in Case No XXVIII C 8952/21 v Santander Bank Polska S.A.:
I. found that the Housing debt Agreement of the EXSTRALOKUM No (...) of 2008 was entirely invalid;
II. found that the debt agreement for housing purposes of the EXSTRALOKUM No (...) of 2008 was completely invalid;
III. dismissed the proceedings in respect of the claim for payment of the amount (...) PLN and the statutory interest for delaying the amount (...) PLN for the period from (...) to (...);
IV. Judged the suspect for the plaintiffs a full amount of PLN [...] with interest for the hold calculated from the date (...);
V. dismisses the action in the remainder;
VI. abolished the costs of proceedings between the parties.
In its oral justification, the Court of First Instance indicated that:
(a) both of the credit agreements in dispute contained an abusive provision, the elimination of which resulted in the collapse of the contracts in full;
(b) in connection with the partial withdrawal of the action by reasons (because of the deduction of common claims), by means of a procedural letter of (...), The Court of First Instance dismissed the action for payment covered by that revocation;
(c) take into account the claim for payment only in respect of the amount of PLN [...];
(d) in assessing the claim, the Court of First Instance took into account the message of charge made by the claimants on (...), while recognising its effectiveness only with respect to the main claims covered by that statement, since, in the view of the Court of First Instance, there were no grounds for deducting the statutory interest for delay, as the deduction had retroactive effect — i.e. from the time erstwhile it was possible to offset — as a consequence of which the interest was annihilated (in this respect, the Court of First Instance referred to the caselaw of the ultimate Court, inter alia, of 3 April 2014, act V CSK 242/13; of 21 January 2004, act IV CK 362/02; of 5 March 2019, act II CSK 41/18);
(e) since the claims of the plaintiffs have only been accepted in 50%, The court decided to abolish the costs of proceedings between the parties.
The conviction is invalid.
The first instance procedure lasted 48 months.
The case is led by Grzegorz Hourzin.
