In December, the ultimate Court issued an crucial ruling in which it waived the order for payment, on the basis of which the citizen was charged interest on a contract reaching as much as 3285% per year. The earlier decision of the Bytom region Court, dating back to 2006, was considered "dangerously unfair".
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For 500 PLN he was to pay back respective 100 1000 PLN. The lawyer General's complaint worked
In 2006, the territory Court in Bytom received a suit from a company concerning a debt of PLN 500. On this basis, on 29 September 2006, a order was issued for payment of PLN 500 with interest of 9% per day from 10 January 2006 and the amount of PLN 30 for the costs of the process. The interest was so 3285 percent per year. As the Law.pl Service informs, the suspect did not challenge the order for payment. The Lawless Portal, on the another hand, calculated that in the first year only the full amount of interest approved by the court amounted to PLN 16,425, and over PLN 327 1000 over the last 20 years. Although the order for payment passed many years ago, the case went back to the ultimate Court thanks to an emergency complaint brought by the lawyer General.
The ultimate Court saved him from immense interest. Irregularities have been observed
The ultimate Court held in December 2025 that the court of first instance at the time of issuing the order for payment did not, of its own motion, measure the contract in terms of its compliance with the principles of social coexistence and consumer protection.
In its judgement of 4 December 2025 (II NSNc 192/24), the ultimate Court in a company’s action against a citizen for payment, following an extraordinary complaint by the lawyer General, waived the contested extraordinary order for payment and sent it to the territory Court for review. The ultimate Court ruling in this case preceded the presentation of a legal issue aimed at waiving the legal rule of the III PC 1/25 passed in the Chamber of Labour and Social Insurance on 24 September, which aimed at blocking the designation of emergency complaints by the ultimate Court
- reads the ultimate Court communication. Thanks to the resolution of the combined chambers of December 3, 2025, the ultimate Court was able to waive a payment order on the basis of which for 20 years the consumer had been charged tremendous interest. It was besides found that the court violated Article 76 of the Polish Constitution, as on its own initiative it did not check the terms of the contract on which the claimant's claim was based. As a public authority, the court has a work to supply the consumer with the legal protection. This was primarily about the protection resulting from Directive 93/13. According to it, the national court is obliged to examine for itself whether the provisions of the contract are fair if it has the essential information to do so. The EU Court of Justice has repeatedly stressed that the nonsubjective of Directive 93/13 would not have been achieved if the consumer had to indicate unfair contractual provisions. This means that the court must examine specified provisions of its own motion.
The ultimate Court stressed that the reservation in the debt agreement of grossly excessive interest (3,285% per year) and the subsequent issuing of the order for payment not only violated the contractual balance, but besides led to a distortion of the social relations existing at the time creating a grossly unfair situation and besides violated the rule of citizens' trust in the state
- handed over to the ultimate Court.
Sources: sn.pl, right.pl, illegal.pl
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