The WSA will return to the matter of restructuring Idea Bank. The Supreme Administrative Court recognized two of a number of allegations

The Provincial Administrative Court in Warsaw will return to the forced restructuring of Idea Bank. On Monday, the Supreme Administrative Court recognized two of the charges of nearly 50 cassation complaints, and the case returned to the Provincial Administrative Court.

The case considered before the Supreme Administrative Court belonged to one of the most extensive recently. 48 cassation complaints lodged by 434 entities from the judgment of the Provincial Administrative Court in Warsaw, passed on August 25, 2021, were submitted to the Chamber of the Supreme Administrative Court.

Then The Provincial Administrative Court dismissed 606 complaints lodged with the decision of the Bank Guarantee Fund of 30 December 2020. After Monday's judgment, the Provincial Administrative Court will have to deal with the case again.

The loud BFG decision concerned forced restructuring of Idea Bank. In the summer of 2021, the Provincial Administrative Court dismissed the decision to initiate forced restructuring and decided that it was not issued in violation of the law. Cassation complaints were submitted to the Supreme Administrative Court from this judgment. They raised, among others Allegations of invalidity of proceedings due to the improperly planted court and improper justification of the judgment of the court of first instance, as well as, among others Allegations regarding the course of the proceedings regarding the appointment of an appraiser, preparation of estimates, remuneration for an appraiser and selection of a acquiring entity, as well as the BFG combination of various functions in relation to a restructured bank.

It was the last issue that he noticed in the justification of the judgment of the Supreme Administrative Court. He noted that the authority appointed for restructuring may also perform other functions, but the conflict of interest must be excluded. In this matter, this issue was not considered – according to the Supreme Administrative Court – sufficiently.

The Supreme Administrative Court reminded that BFG was a forced restructuring body and a curator of a bank covered by this restructuring procedure. However, the Provincial Administrative Court “failed to refer to the issue of roles in one body.” “In connection with these shortcomings of the justification of the Provincial Administrative Court, which may affect the outcome of the case, in this respect the Supreme Administrative Court referred the case for re -examination,” said the Supreme Administrative Court judge Małgorzata Korycińska.

The second, including cassation complaints, had formal significance. “In relation to three cassation complaints, which applies to 256 applicants, the Supreme Administrative Court came to the conclusion that the proceedings should be repeated because the files were not made available to these parties,” the judge of the Supreme Administrative Court pointed out.

Marcin Jabłoński (PAP)

MJA/ MALK/