Anna Szczęsna
WIBOR litigation, part 2: Can basing variable interest rates on WIBOR be deemed an abusive clause?
Some consumers are attempting via the Polish courts to undermine provisions in credit agreements setting variable interest rates on the basis of the WIBOR benchmark. They hope that the courts will hold these clauses to be impermissible under Civil Code Art. 3851. This would allow their credit agreement as a whole, or the specific WIBOR provisions, to be set aside. But does Polish law empower the courts to examine the alleged abusiveness of such provisions?
WIBOR litigation, part 1: Can the WIBOR benchmark be challenged as the basis for setting variable interest rates?
Variable interest rate loans based on the WIBOR benchmark are a major part of the Polish financial market. For years the WIBOR rate remained at a low level, but it shot up in 2022. The WIBOR 6M stood at 0.25% in January 2021, but by July 2022 it had hit a peak of 7.43%. Currently the WIBOR 6M is a little lower (5.05% as of 10 June 2025), but it has yet to retreat to its earlier low values.
Vehicle liability insurance: Automatic extension of coverage, and withdrawal of an insurer’s licence to conduct insurance activity
On 16 April 2025 the Polish Financial Supervision Authority banned the Bulgarian company Insurance JSC DallBogg: Life and Health from offering mandatory civil-liability coverage for operators of motor vehicles in Poland. The decision was issued under the rarely-used procedure of Art. 214(5) and (4a) of the Insurance and Reinsurance Act of 11 September 2015.
Key resolution by Supreme Court of Poland on third-party liability insurance for motor vehicle owners
On 11 September 2024, a panel of seven judges of the Supreme Court of Poland issued a resolution in case no. III CZP 65/23 regarding the settlement of claims within the motor insurance market. The ruling involves the possibility of using cost estimates to determine insurance claims when it is no longer possible to actually repair the vehicle. In December 2024, the Supreme Court published the justification for the resolution and the motives for its ruling.
