Marek Malciak and Jakub Bojarczuk on Sanctioning Free Credit

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Disputes over the approval of free credit are now among the most common in Polish courts, with the number of pending cases already nearing 20,000. This remains a key issue in consumer law, significantly affecting the financial services market.

Several preliminary questions are pending before the Court of Justice of the European Union. They concern, among other things, the scope of banks' disclosure obligations, the permissibility of crediting loan costs, and the interpretation of the term "contract performance."

On October 23, Marek Malciak, counsel, and Jakub Bojarczuk, senior associate, discussed free credit approval in the context of allegations against credit agreements, citing case law, during a training session organized by Wolters Kluwer.

The training program included:

  • an analysis of the most frequently raised objections to credit/loan agreements,
  • a discussion of the current line of case law,
  • preliminary questions to the CJEU and their potential effects on the financial sector.

The training was aimed particularly at bank representatives, trial lawyers, judges, and trainees interested in consumer protection in the financial services market.

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