Klaudiusz Mikołajczyk
A tale of two claims: The Court of Justice questions Poland’s rules for unwinding invalid credit agreements
On 19 June 2025 the Court of Justice of the European Union issued an important ruling for Polish legal practice in C-396/24, Lubreczlik, responding to a request for a preliminary ruling from the Kraków Regional Court on the rules for settling accounts between the parties to an invalidated credit agreement.
Interest on capitalised costs of credit, and the sanction of free credit
Following the high-profile judgment of the Court of Justice of 13 February 2025 in C-472/23, Lexitor, the issue of the sanction of “free credit” has become more and more dynamic. In that judgment, the Court of Justice did not address the legality of charging interest on capitalised costs of credit, i.e. charging interest also on the portion of the loan drawn down but earmarked for payment of the costs of issuing the loan (e.g. commissions). This issue will be addressed by the Court of Justice in subsequent cases where Polish courts have decided to seek preliminary rulings.
The European Single Access Point—a new information obligation for insurers
Insurance and reinsurance companies should soon prepare to comply with a major new regulatory obligation, to transmit data to ESAP. The proposal for implementing this change in Poland has been released on the website of the Government Legislation Centre.
How are works of art insured?
Insurance is encountered in many areas of life, protecting against fortuitous events by transferring risk to an insurance company for a fee. In this regard, art is no exception. But the procedure for taking out insurance on artworks has certain specific features.
The Polish Financial Supervisory Authority plans to repeal some recommendations and guidelines in connection with DORA
On its website, the Polish Financial Supervisory Authority (KNF) has announced that it plans to repeal the current recommendations and guidance for financial institutions on managing IT and cybersecurity, covered by the EU’s DORA regulation.
Poland’s insurance and banking industries issue credit protection insurance guidelines
In May 2024, the Polish Chamber of Insurance and the Polish Bank Association jointly issued Good Practice Guidelines on Credit Protection Insurance, with oversight of the financial regulator. The guidelines address a number of key issues, from creation of CPI products, to marketing, distribution, and monitoring of compliance.
Insurers of trade receivables should verify whether their outsourcing of collections complies with KNF guidance
Guidance from the Polish Financial Supervisory Authority of 25 March 2024 on certain aspects of outsourcing by insurers and reinsurers also covers collection proceedings related to performance of insurance contracts. Insurers offering trade credit for which collections are carried out by external providers must verify whether this outsourcing is compliant with the regulator’s position.
