On Thursday, the Supreme Administrative Court considered a complaint against the judgment of the Warsaw Provincial Administrative Court. The case concerns the decision of the Bank Guarantee Fund on the compulsory restructuring of Getin Noble Bank (GNB).
The Supreme Administrative Court, composed of Wojciech Kręcisz (rapporteur), Izabela Janson and Joanna Kabat-Rembelska, did not share the arguments of the Provincial Administrative Court. The court overturned the Provincial Administrative Court's judgment and remitted the case for reconsideration.
The Provincial Administrative Court found that this decision was issued in violation of the law. As we described in detail in Business Insider, according to the court, the BGF did not introduce appropriate structural arrangements that would ensure operational independence and the absence of conflicts of interest between the various functions of the Fund. This concerns the function of the bank's curator (temporary administrator), the function of the compulsory restructuring authority and the guarantee function. His judgment was appealed by the BFG.
This means that the door to effective compensation has not been opened. We wrote about the effects of upholding the Provincial Administrative Court's judgment here.
Read also: The rise and fall of Getin Noble Bank. These are the factors that led to the end of Leszek Czarnecki's business
What is the dispute about?
In the fall of 2022, the Bank Guarantee Fund (BFG) decided on the compulsory restructuring of Getin Noble Bank (GNB), which can only be initiated against an entity at risk of bankruptcy.
As BFG explains, this decision made it possible to protect all customer deposits in the amount of PLN 38.1 billion, including PLN 3.3 billion of deposits that could not be paid under the BFG guarantee in the event of bank bankruptcy.
A complaint against the BFG decision was lodged by the bank's Supervisory Board, but also by many customers. The CJEU also commented on the case. As a result, on January 29, 2025, The Provincial Administrative Court in Warsaw found that the BFG decision on the compulsory restructuring of Getin Noble Bank was issued in violation of the law.
The Provincial Administrative Court's judgment was appealed by the BFG to the Supreme Administrative Court. And he couldn't hold it.
Judgment of the Supreme Administrative Court of March 26, 2026, ref. no. II GSK 2388/25
