The Supreme Court has overturned an unfavorable lower court ruling, upholding the Financial Ombudsman\u2019s intervention in a case involving a couple who were overcharged due to illegal indexation clauses. <\/p>\n
The Supreme Court has sided with Swiss franc mortgage holders, overturning a previous court decision that had initially dismissed a lawsuit filed by a couple against their bank. The case will now be remanded for reconsideration.<\/p>\n
The couple had taken out a mortgage in 2008 for over 260,000 PLN. The Financial Ombudsman noted that the agreement contained prohibited indexation clauses, resulting in the bank charging the clients over 40,000 PLN more than they would have owed without these provisions.<\/p>\n
The original court had dismissed the claim, arguing that the bank properly informed the clients of exchange rate risks and that the contract did not severely violate their interests. The court suggested that an annex allowing direct repayment in Swiss francs mitigated the faulty indexation mechanism.<\/p>\n
The Financial Ombudsman challenged this, arguing that the court’s stance contradicted established case law. The Ombudsman emphasized that the fairness of contractual terms must be assessed at the moment the agreement was signed, rather than through subsequent repayment methods.<\/p>\n
The Financial Ombudsman may initiate an extraordinary appeal for cases that became final after April 3, 2018, provided there is clear evidence of legal errors, human rights violations, or significant contradictions between court findings and evidence.<\/p>\n
An extraordinary appeal can only be filed if no other legal remedies remain available and if the specific charges were not previously addressed by the Supreme Court in a cassation appeal. Each case is eligible for this extraordinary review only once.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Supreme Court has overturned an unfavorable lower court ruling, upholding the Financial Ombudsman\u2019s intervention in a case involving a couple who were overcharged due to illegal indexation clauses. The Ombudsman’s Successful Intervention The Supreme Court has sided with Swiss franc mortgage holders, overturning a previous court decision that had initially dismissed a lawsuit filed […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"wpai_generated_summary":"","footnotes":""},"categories":[43],"tags":[],"class_list":["post-12136","post","type-post","status-publish","format-standard","hentry","category-politics-and-law"],"_links":{"self":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/12136","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/comments?post=12136"}],"version-history":[{"count":0,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/12136\/revisions"}],"wp:attachment":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/media?parent=12136"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/categories?post=12136"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/tags?post=12136"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}