Overview of the decisions of the Polish Supreme Court

The resolution of the Supreme Court of February 16, 2021 (case no. III CZP 11/20)is of utmost importance for legal practice, in which it was stipulates that a party who repaid a loan in performance of an invalid loan agreement is entitled to a claim for the repayment of the repaid funds as undue benefit (Article 410 § 1 in connection with Article 405 of the Polish Civil Code) regardless of whether and to what extent it is a debtor of a bank for repayment of the wrongfully received loan amount. The resolution of seven judges of the Polish Supreme Court passed on September 2, 2019 (court case file no. III CZP 99/18) has a certain significance to performing legal practice and activities. The resolution of seven judges of the Polish Supreme Court passed on December 9, 2020 (court case file no. III PZP 2/20) has a certain significance to performing legal practice and activities. According to the resolution of the Polish Supreme Court, a case related to the professional liability of sworn translators is to be examined by the criminal division of a court of appeal having jurisdiction over the place of residence of the sworn translator, pursuant to the provisions of the Act of June 6, 1997 – Polish Code of Criminal Procedure. It is also worth noting that the resolution of the Polish Supreme Court passed on March 9, 2021 (court case file no. III CZP 89/19) provides that in proceedings conducted under the Act of November 22, 2013 on proceedings against persons with mental disorders who present a threat to life, health or sexual freedom of other persons, the provisions of Article 2(3) of that Act (in connection with Article 730 § 1 and Article 755 § 1 of the Polish Code of Civil Procedure) do not provide a legal basis for granting an interim order to place the person concerned in the National Centre for the Prevention of Dissocial Behaviour.

The resolution of the Supreme Court of February 16, 2021 (case no. III CZP 11/20)is of utmost importance for legal practice, in which it was stipulates that a party who repaid a loan in performance of an invalid loan agreement is entitled to a claim for the repayment of the repaid funds as undue benefit (Article 410 § 1 in connection with Article 405 of the Polish Civil Code) regardless of whether and to what extent it is a debtor of a bank for repayment of the wrongfully received loan amount. The resolution of seven judges of the Polish Supreme Court passed on September 2, 2019 (court case file no. III CZP 99/18) has a certain significance to performing legal practice and activities. The resolution of seven judges of the Polish Supreme Court passed on December 9, 2020 (court case file no. III PZP 2/20) has a certain significance to performing legal practice and activities. According to the resolution of the Polish Supreme Court, a case related to the professional liability of sworn translators is to be examined by the criminal division of a court of appeal having jurisdiction over the place of residence of the sworn translator, pursuant to the provisions of the Act of June 6, 1997 – Polish Code of Criminal Procedure. It is also worth noting that the resolution of the Polish Supreme Court passed on March 9, 2021 (court case file no. III CZP 89/19) provides that in proceedings conducted under the Act of November 22, 2013 on proceedings against persons with mental disorders who present a threat to life, health or sexual freedom of other persons, the provisions of Article 2(3) of that Act (in connection with Article 730 § 1 and Article 755 § 1 of the Polish Code of Civil Procedure) do not provide a legal basis for granting an interim order to place the person concerned in the National Centre for the Prevention of Dissocial Behaviour.