The Prosecutor General filed an extraordinary complaint, pointing out that an agreement which was the source of a liability contained prohibited reservations.
The case concerned a woman who had concluded a loan agreement. According to the provisions of the agreement, the woman was paid four thousand PLN. The total amount of the liability was over 10 thousand PLN. It consisted of insurance costs (nearly six thousand PLN) as well as an arrangement fee and contractual remuneration (in total over one thousand PLN). The monthly installment amounted to 448 PLN, and the agreement, secured with a promissory note, was concluded for two years. In addition, the borrower was obliged to secure the repayment of the borrowed amount by agreeing to be insured.
After several months, the loan company terminated the agreement and demanded that the woman to pay almost 13 000 PLN. The woman was informed that the promissory note had been filled and was requested to redeemed it within 30 days or else the case would be taken to court. Then the court adjudged the amount demanded in the lawsuit together with statutory interest for delay. The woman did not appeal the payment order, so it became final and binding.
The Prosecutor General filed an extraordinary complaint against the court ruling. He alleged that the ruling violated the principles set forth in Article 76 of the Polish Constitution and grossly violated procedural and substantive law. The complaint pointed out, inter alia, that the cost of insurance significantly exceeded the value of the loan actually granted, because it constituted nearly 140 percent of its amount. It was pointed out that the provisions of the agreement referring to insurance meet the requirements of Article 3853 clause 7 of the Civil Code concerning the prohibited clause.
The Prosecutor General requested that the decision be reversed and remanded to the Regional Court for Łódź-Śródmieście for reconsideration. In addition, it requested that a decision be issued suspending enforcement of the contested judgment until the proceedings initiated by the filing of the extraordinary appeal are completed; especially due to the threat of irretrievable damage to the defendant resulting from the enforcement proceedings conducted against her.
