Another edition of the “Banking Challenges” conference is behind us, dedicated to the challenges facing the Polish banking sector.

The invited experts included the managing partners of the Jabłoński Koźmiński Law Firm: Michał Jabłoński, PhD and dr hab. Krzysztof Koźmiński, who together with Dr. Cezary Stypułkowski – President of the Management Board of mBank SA and Prof. KU Krzysztof Kalicki (Department of Banking, Insurance and Risk, Kozminski University) took part in the Panel III conference: “Economic logic of court judgments regarding bank loans”, moderated by the President of the Management Board of the Polish Bank Association – Tadeusz Białek, PhD.

As emphasized by dr hab. Krzysztof Koźmiński: “In the jurisprudence on credit issues, we have become so far removed not only from economic canons, but also from legal canons, e.g. from the principle of proportionality, the principle of prohibition of retroactivity, i.e. retroactive operation of law. (…) The source of the problem is not only the attitude or approach of judges or the CJEU, or the often accused of lack of economic education. (…)
Consumer law as it is understood today contradicts not only economic logic, but also the foundations of legal thinking”.

In turn, Michał Jabłoński, PhD added that: “There are no questions referred to the Court of Justice of the European Union about the standard for assessing the abusiveness of provisions (…) the Court does not deal with this issue, because in every preliminary question asked by a Polish court there is an assumption that this provision is abusive (…) The opportunity to change this approach would be provided by the highest courts, if these courts had the courage to deal with such cases. (….) Without a change in the paradigm of thinking about the administration of justice, also in the context of adjudicating in such mass cases, we will sink into many years.”

We would like to thank the organizers of the conference: the Polish Bank Association and the Kozminski University (Kozminski University) for the invitation. See you in a year!

Link to the conference recording.