The home of a 74-year-old pensioner has disappeared from the portal of bailiff announcements and auctions. And not because someone bought the property. There is therefore a chance that the court will issue a security measure in the form of suspending enforcement during the dispute over the Swiss franc loan.
On Wednesday, June 24, we described the complicated case of Jolanta K., a 74-year-old pensioner who was threatened with her home being auctioned before her case was heard by the court. There will be no auction for now.
— This is very good news for me, because this house is my whole life — Jolanta K. tells us. There is a chance that the court will suspend enforcement on June 30 this year.
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Two cases: enforcement and Swiss franc
Ms. Jolanta’s enforcement case is being conducted independently of the Swiss franc case. However, if the house were to be sold at auction, even if she won the case for the invalidity of the agreement, she would lose the property.
— In this specific case, the lack of suspension of enforcement proceedings creates a real risk of causing irreparable harm to my client, consisting in the loss of her only place of residence before the dispute is resolved by the court — says lawyer Karolina Pilawska, a partner at PZ Adwokaci law firm, who represents the consumer pro bono.
— Continuing enforcement may lead to consequences that will be extremely difficult to reverse, even in the event of a later legally binding declaration of invalidity of her loan agreement — says attorney Pilawska.
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No one applied
However, as Karolina Pilawska tells us, the bailiff informed her that no one had applied for the auction. The deadline for applications expired on June 23 this year, and the e-auction was supposed to last from June 25 to July 2.
— This means that there is a chance to obtain security in the case by suspending enforcement proceedings before the next auction date, which would then not take place — explains Karolina Pilawska.
If no one is interested in the first e-auction, the bailiff announces a second auction.
Now the house is in the hands of the court
However, Ms. Jolanta K. is seeking suspension of enforcement proceedings. The first-instance court dismissed her lawsuit in January 2026. As attorney Pilawska says, the court did not take into account the defectiveness of the Swiss franc loan agreement. For this reason, attorney Pilawska filed an appeal against the dismissal of the request for security in the form of suspension of enforcement.
The appeal is to be considered by the Court of Appeal in Warsaw on Tuesday, June 30 this year, in a non-public session (ref. no. VIII ACz 2237/26). The case is being handled by Judge Emilia Szczurowska.
— I hope the court will take into account our full argumentation — emphasizes attorney Pilawska.
— The institution of security exists precisely to provide the party with temporary legal protection until the dispute is finally resolved. The CJEU has repeatedly emphasized that a national court has an obligation to examine the unfair nature of contractual clauses ex officio in consumer disputes. If a consumer claims that the source of the enforced obligation is an agreement containing abusive clauses, the court should at least preliminarily assess these allegations when considering a request for security. Meanwhile, the justification completely omits this issue, as if the dispute concerned an ordinary civil law relationship, and not a consumer who challenges the validity of the agreement forming the source of the enforced obligation. This is incomprehensible in light of established case law — she concludes.
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