Practical Commentary by Jakub Bojarczuk, Marek Malciak and Wojciech Wandzel in the LEX Legal Information System

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23-10-2025

Jakub Bojarczuk, attorney at law, senior associate at KKG Legal Marek Malciak, attorney at law, counsel for KKG Legal, and Wojciech Wandzel, attorney at law, partner at KKG Legal, are the authors of a practical commentary on the most relevant issues related to the sanction of free credit.

The commentary addresses, among other things, the most frequently raised allegations against credit agreements indicated in statements on the use of the sanction of free credit, as well as procedural issues related to the assertion of claims on this account in civil litigation, including issues related to the burden of proof in proving violations of disclosure obligations.

The commentary contains numerous references to recent case law of common courts and the Court of Justice of the European Union, and also points to cases currently pending before the CJEU, which have yet to be decided.

 The commentary has been published electronically in the LEX Legal Information System and is available at link after logging in.

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