The end of bank enforcement titles in a current form

On 15th January 2015 the Constitutional Court ruled that the art. 96 par. 1 and art. 97 par. 1 of the Act of August 29th 1997. - Banking Law are against the art. 32 par. 1 of the Constitution of the Republic of Poland.

On the basis of the above judgment, the Court recognized that the banks are not ordinary participants of the economic relations, however, the Court found that the bank enforcement titles are too far-reaching prerogative. In the above mention regard, the Court shared the view of the District Court in Konin, that bank enforcement titles violate the constitutional principle of equality of the parties, as expressed in the art. 32 par. 1 of the Constitution.

Due to the possibility that the chaos in the banking trade may occur, the Court decided to defer the loss of binding force of said provisions until t 1st August 2016.

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