Review of case-law on misseling

Abstract

The introduction of new rules for the protection of financial market customers against misselling by the MIFID II directive and the legal acts implementing it collided in time with the so-called GetBack S.A. scandal. The aim of this study is to present selected rulings of polish courts, which concern the issue of misselling, often concerning the mentioned bonds. In the first place, examples of rulings of selected courts are presented, with an attempt to systematically present the legal mechanisms adopted in them. This makes it possible to establish a certain line of case-law, usually referring to the invalidity of the agreement caused by misselling and to the tort liability of the bank offering inappropriate financial instruments to customers. Then, an attempt was made to draw some general conclusions and doctrinal criticism of the adopted method of resolving disputes caused by misselling practices.