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 ‘frank’ loan borrowers. The action centers on allegations of violating professional ethical standards due to his public assessment of a class-action lawsuit against Getin Noble Bank.
The dispute extends beyond the words themselves and encompasses a long-running legal battle with an uncertain outcome.
Formal Complaint to Bar Association
Legal counsel Beata Komarnicka-Nowak announced she will file a complaint with the Warsaw Bar Association. This action is a direct response to Giertych’s statements on the Money.pl portal regarding the long-standing lawsuit filed by ‘frank’ loan borrowers against Getin Noble Bank.
‘Negligent’ Assessment Sparks Ethics Concerns
The core issue is Giertych’s public characterization of the lawsuit as “negligent.” Komarnicka-Nowak argues this phrasing breaches standards within the legal profession.
She emphasizes that ethical guidelines clearly define the boundaries of public statements made by lawyers, stating an attorney should not unfairly, 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 that Giertych’s statement contained inaccuracies and was an attempt to defend his own position at the expense of other parties involved in the proceedings.
Dispute Over Prolonged Legal Process
The central point of contention is responsibility for the years-long legal proceedings. Roman Giertych maintains that accusations of deliberately prolonging the case are unfounded, attributing any unfavorable developments to the quality of the initial lawsuit and the complexities of class-action litigation.
A Decade-Long Legal Battle
However, the case’s timeline reveals significant delays. The collective lawsuit against Getin Noble Bank was filed nearly 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 reconsideration. Despite this, a final ruling has yet to be issued.
Criticism of Procedural Delays
This extended duration has become a key argument for critics, who suggest the causes of 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 borrowers. 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 remained stalled.
Millions Paid to Giertych’s Firm, Strategy of Delay Alleged
Financial aspects also feature in the dispute. 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 allegedly favored prolonged proceedings.
This approach could have benefited the bank, which had extensively sold ‘frank’ loans, often downplaying currency risks. When market conditions changed and courts began issuing rulings favorable to consumers, delaying the cases could have reduced the need for substantial financial reserves.
Impact of Getin Noble Bank Restructuring on Borrowers
The situation for clients became more complicated following the bank’s forced restructuring in 2022. ‘Frank’ loans were transferred to the bankruptcy estate, significantly hindering the pursuit of claims.
Even in 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 find themselves in limbo, often unable to effectively enforce their rights.
