The Regional Court in Wrocław, 10th Commercial Division, in a judgment issued on 1 June 2026, case file no. X GC 725/24, almost entirely upheld the claim brought by VB Leasing S.A. in restructuring against the bridge institution of the Bank Guarantee Fund, awarding the company PLN 8.45 million plus interest and PLN 225,000 as reimbursement of legal costs.
Court: The Blocking of Accounts Was Unlawful
In its oral statement of reasons, the court clearly indicated that the blocking of VB Leasing’s accounts in July 2023 by the BFG bridge institution, VeloBank, was unlawful, and that the bank’s takeover of the pledged asset was invalid. The court also found that the credit obligation towards VeloBank had been effectively repaid on 24 August 2023, which means that interest collected after that date constituted an undue payment and must be returned.
The court also stated that it was considering notifying the Polish Financial Supervision Authority and the prosecutor’s office about serious irregularities revealed during the proceedings concerning the actions of the bridge institution established by the Bank Guarantee Fund. In particular, this concerns the unlawful blocking of VB Leasing’s accounts and actions by VeloBank which, despite the effective repayment of the obligation, could have led to the same claim being satisfied again.
The Judgment Concerns Actions of an Institution Established by BFG as Part of the Restructuring of Getin Noble Bank
The dispute concerned the actions of VeloBank during the period when it operated as a bridge institution established and supervised by the Bank Guarantee Fund as part of the forced restructuring of Getin Noble Bank. Subsequently, by a BFG decision of 27 October 2023, part of the receivables related to VB Leasing was transferred to an Asset Management Entity, a company wholly controlled by the Fund.
The judgment forms part of a broader context of disputes between VB Leasing and entities involved in the banking sector restructuring process. On 26 May 2026, AMS Restrukturyzacje, the administrator of VB Leasing, filed a claim against the Bank Guarantee Fund for payment of PLN 84.7 million. The company maintains that decisions taken as part of the forced restructuring of Idea Bank caused significant damage to VB Leasing.
The ongoing proceedings do not concern the role of the Bank Guarantee Fund in the financial system as such, but rather specific decisions taken with respect to VB Leasing and their consequences for the company and its creditors. In VB Leasing’s view, actions taken in the public interest are also subject to independent judicial review, especially when they have a significant impact on market participants.
“From the outset, we have argued that the actions taken against VB Leasing in connection with the restructuring processes conducted by BFG required independent judicial assessment,” said Mikołaj Świtalski, member of the management board of AMS Restrukturyzacje sp. z o.o., the administrator of VB Leasing S.A. in restructuring. “The judgment in the VeloBank case is an important ruling confirming the validity of our arguments and the need for full verification of the actions of entities dependent on BFG,” he added.
The judgment of 1 June 2026 is not final. The defendant has the right to file an appeal after receiving the written statement of reasons for the ruling.
The restructuring proceedings concerning VB Leasing S.A. and VB Leasing S.A. Automotive SKA were opened on 25 July 2023 by the District Court for Wrocław-Fabryczna, under case file numbers WR1F/GRs/5/2023 and WR1F/GRs/6/2023 respectively. The administrators of the restructuring estates are AMS Restrukturyzacje sp. z o.o. for VB Leasing and Kancelaria Restrukturyzacyjna sp. z o.o. for VB Leasing Automotive. The purpose of the proceedings is to protect the interests of customers, creditors and the State Treasury by ensuring the operational continuity of the companies.
