A legal complaint will be filed against Roman Giertych regarding his public statements about ‘frank’ loan lawsuits, amidst a nearly 12-year legal process.
Lawsuit Looms Over Giertych’s Remarks
A complaint is being prepared against Roman Giertych stemming from his comments concerning individuals with ‘frank’ loans. The action centers on a protracted legal battle nearly 12 years in the making.
The dispute enters a new phase as legal counsel prepares formal action against Giertych, alleging a breach of professional ethics due to his public assessment of a class-action lawsuit against Getin Noble Bank.
Formal Complaint to Bar Association
Beata Komarnicka-Nowak, legal counsel, announced she will file a complaint with the Warsaw Bar Association. This is in response to Giertych’s statements on Money.pl regarding the long-running lawsuit filed by ‘frank’ loan holders against Getin Noble Bank.
‘Negligent’ Assessment Sparks Complaint
The core issue is Giertych’s public characterization of the lawsuit as “negligent.” Komarnicka-Nowak argues this phrasing violates standards within the legal profession.
She emphasizes that ethical guidelines define the boundaries of public statements by lawyers, stating an advocate should not unjustly, insultingly, or publicly accuse another legal representative of misconduct. Loyalty, courtesy, and collegiality are also expected.
Allegations of Falsehoods and Self-Promotion
Komarnicka-Nowak contends Giertych’s statement contained inaccuracies and was an attempt to defend his position at the expense of other parties involved in the proceedings.
Dispute Over Prolonged Legal Process
The central conflict revolves around responsibility for the years-long legal proceedings. Roman Giertych maintains that accusations of delaying the case are unfounded, attributing any unfavorable developments to the quality of the lawsuit and the complexities of class-action litigation.
Decade-Long Legal Battle
The class-action lawsuit against Getin Noble Bank was filed almost 12 years ago, with the anniversary falling on April 11th. In March 2015, the Warsaw District Court dismissed the case, but the Court of Appeal overturned that decision six months later, returning it for review. A final ruling has yet to be issued.
The extended duration of the proceedings has become a key argument for critics, who suggest the delays may be more complex than mere procedural difficulties.
The Role of Sebastian J. (“Foka”)
A controversial aspect of the case involves the participation of Sebastian J., known as “Foka.” He was a close associate of Roman Giertych, serving as a bodyguard, driver, and business partner.
He appeared in the proceedings as an ancillary intervenor on behalf of the ‘frank’ loan holders. However, his involvement primarily consisted of submitting numerous letters, motions, and appeals, which often contained formal deficiencies.
The court repeatedly requested their completion, causing the case files to circulate between instances and effectively halting progress. For nearly four years, the class-action lawsuit could not move forward.
Millions to Law Firm and Strategy of Delay
Financial aspects are also emerging. Records indicate that Roman Giertych’s law firm received a total of 8.7 million PLN gross from Getin Noble Bank between 2014 and 2022 for handling ‘frank’ loan cases.
Reportedly, Giertych assured that no resolution would be reached in the class-action lawsuit for at least five years. While not formally documented in the contract, the collaborative structure favored prolonged proceedings.
This approach could have benefited the bank, which had extensively sold ‘frank’ loans, often downplaying currency risk. When market conditions changed and courts began issuing rulings favorable to consumers, delaying cases could have reduced the need for substantial financial reserves.
‘Frank’ Loan Holders After Bank Restructuring
The situation for clients became more complicated after the bank’s forced restructuring in 2022. ‘Frank’ loans were transferred to the bankruptcy estate, significantly hindering the recovery of claims.
Even in the event of successful lawsuits, recovering funds became uncertain. The lengthy proceedings, which previously delayed resolutions, now translate into real financial problems for borrowers.
In practice, individuals fighting to invalidate contracts or recover overpayments remain in limbo, often without the ability to effectively enforce their rights.
