The Warsaw District Court ruled on May 8, 2026, that trustee Marcin Kubiczek remains in charge of Getin Noble Bank and Idea Bank proceedings despite the Ministry of Justice suspending his license.
The Legal Battle Over Trustee Status
The Warsaw District Court has ruled that Marcin Kubiczek continues to serve as the trustee for Getin Noble Bank and Idea Bank. This decision follows the Ministry of Justice’s recent attempt to suspend his professional license.
The court clarified that Kubiczek remains in his position because no formal decision to replace him under Article 170, paragraph 5 of the bankruptcy law has been issued to date.
Mechanisms for Replacing a Trustee
The court distinguished three distinct legal paths for losing the trustee function: expiration due to death or loss of legal capacity; replacement—such as following a license suspension—which requires a separate court order; and removal due to serious misconduct.
The ruling emphasized that a license suspension is a prerequisite for replacement rather than an automatic termination of function. The court noted that an extensive interpretation of the law to achieve automatic dismissal is inadmissible.
Impact on Creditors and Legal Proceedings
Legal expert Hanna Górska noted that all claims, offsets, and actions performed by the trustee in ongoing proceedings remain legally effective. The court also signaled a potential collision between the minister’s actions and the separation of powers.
Furthermore, the court indicated that any future trustee should avoid the current strategy of mass litigation against foreign currency loan borrowers, stating that such an approach is not approved by the court.