Przymusowa restrukturyzacja banków – przegląd orzecznictwa
Banking Resolution – Jurisprudence Review

Summary/Abstract: Banking resolution in Poland took the form of out-of-court proceedings and competencies in this area were entrusted primarily to the Bank Guarantee Fund. The interpretation of the introduced innovative legal solutions, affecting basic rights, such as ownership or claims on financial means accumulated on a bank account, may pose practical problems. Additionally, the high value of funds at the disposal of banks undergoing the resolution process raises justified concerns about the effects of faulty decisions, including possible liability for damages. The control of the legality of the BGF’s actions has been explicitly entrusted to administrative courts, and their rulings cannot be overestimated when it comes to assessing the correctness of proceedings of the restructuring authority, and the rights of the bank’s owners and creditors. The paper discusses the body of jurisprudence passed to date in the area of banking resolution.

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