Przegląd orzecznictwa Sądu Najwyższego (listopad–grudzień 2025, styczeń 2026)
Overview of the decisions of the Polish Supreme Court

Summary/Abstract: The decision of the Polish Supreme Court of January 27, 2026 (case file no. I CSK 3475/24) is of utmost importance for legal practice. In the resolution, the Supreme Court assumed that an unfair contractual term within the meaning of Article $3851 § 1 of the Civil Code is, ex lege, deprived of binding force from the very beginning, and any adjudicating authority in a case concerning a claim arising from a contract involving a consumer is obliged to take this into account ex officio, unless the consumer objects to it by subsequently expressing conscious, explicit, and free consent to be bound by that term. This entitlement has been reserved for the benefit of the consumer. Another significant ruling is the decision of November 5, 2025 (case file no. I CSK 2308/24). In this decision, the Polish Supreme Court held that Article 3 of the Code of Civil Procedure establishes an obligation for the parties to judicial proceedings to act in a loyal and honest manner and to conduct the proceedings in a way aimed at reconstructing the actual course of events. These events constitute the factual basis for the claims asserted in the statement of claim or the application in non-contentious proceedings, as well as for the defense against the opposing party’s claims. A further significant judgment is that of the Polish Supreme Court of December 11, 2025 (case file no. V KK 309/25). In this judgment, the Supreme Court held that the obligation to repair damage, as provided for in Article 46 § 1 of the Criminal Code, does not have a punitive character and is intended solely to compensate for the loss resulting from the offense. Accordingly, it applies only to damage that has actually been caused, that is, damage which has not been remedied (in whole or in part). Therefore, when delivering its judgment, the criminal court must take into account the extent of the damage that has already been compensated.

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