Netherlands. Leszek Czarnecki lost the clash for compensation
The Court of Appeal in Amsterdam has legally ordered LEZKA Czarnecki LC CORP withdrawal from the arbitration in London – Businessinsider.com.pl says. The Dutch court decided that The company's actions “were an illegal act (Delict) in the light of the Dutch Civil Code “and obliged LC Corp to”refraining from actions contrary to EU law“under pain of punishment, which can even be EUR 10 million. As we read, this week in the Arbitration Court in London was to be launched by auditors (a representative of the Ministry of Finance, the Bank Guarantee Fund and the Polish Financial Supervision Authority), but the case may land in the basket.
The fight for compensation was not finally closed
Businessinsider.com.pl has determined that the issue of the fight for compensation is frozen. Leszek Czarnecki may lodge a cassation appeal to the Supreme Court in the Netherlands. – It can be estimated that the Supreme Court would decide this issue during the year, maybe two years – said the person who knew the details of the case anonymously.
Leszek Czarnecki sued Poland for forced restructuring
At the end of 2020 The businessman sued Poland to the Arbitration Tribunal in London, To fight for compensation In connection with the compulsory restructuring of Getin Noble Bank and Idea Bank, which was threatened with falling. In the case of Getin Noble Bank itself, the businessman wanted to win PLN 1.5 billion. Czarnecki claims that he has been expropriated “as part of revenge” for disclosing a corruption proposal from the former chairman of the Polish Financial Supervision Authority (KNF) Marek Ch. (a criminal trial is pending in this matter). Poland, represented by the General Prosecutor's Office, finds claims unfounded.
CJEU judgment on the lawsuit of Getin Noble Bank customers
At the beginning of May, the Court of Justice of the European Union ruled that Restructuring Getin Noble Bank should not exclude the suspension of repayment of loan installments. The case concerned a lawsuit of bank clients who concluded a mortgage agreement with him in Swiss francs. They demanded the annulment of the contract and the award of specific amounts, claiming that the contract contained illegal conditions regarding the conversion of loan into a foreign currency. Then – after the decision of the Bank Guarantee Fund on forced transformation of Getin Noble Bank in Velobank – customers submitted a request to secure the claim through, among others Suspending the obligation to repay the loan installments until the final end of the proceedings.
The judges of the CJEU decided that The application for security should be acceptedbecause “Union law opposes the dismissal of the application for security submitted by the consumer in the described facts.” The Tribunal pointed out that the provisions of the EU Directive in this case require to avoid a situation in which the consumer pays higher amounts in the course of court proceedings than really due if the dishonest nature of the contested contractual decisions was found in the ending proceedings.
Read more: “An important judgment on the bankruptcy of Getin Noble Bank. 'Will be huge compensation'“.
Sources: businessinsider.com.plIAR