When the terms and conditions say they apply a WIBOR rate, it only means that they concerned several products. A reference to WIBOR does not entail that the parties accepted that if a foreign currency indexation is ineffective, LIBOR should be automatically replaced with WIBOR.
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Case no. II CSKP 1153/22
JUDGEMENT ON BEHALF OF THE REPUBLIC OF POLAND
Date: 8 November 2022
The Supreme Court sitting as
Władysław Pawlak, Supreme Court Justice, Presiding Judge
Monika Koba, Supreme Court Justice, Recorder
Karol Weitz, Supreme Court Justice
in a case brought by [redacted] for payment against Raiffeisen Bank International AG, Vienna, having heard in camera in the Civil Chamber on 8 November 2022 a cassation appeal filed by the Respondent against the judgment given by the Court of Appeal in Warsaw on 25 November 2020, Case no. VI ACa 779/19,
- dismisses the cassation appeal,
- orders the Respondent to pay to the Appellants the sum of PLN 2700 (two thousand seven hundred zlotys) as costs of the cassation proceedings.