Gloss to the judgment of the Supreme Court of 14 April 2021, I CSKP 28/21 (not published)

Abstract

The commented judgment of the Supreme Court was devoted to the assessment of the compensation liability of the brokerage house. The brokerage house brokered the sale of the bankruptcy bonds of the issuer to the investor. The investor could not get the cash back from the issuer. Therefore, he sued the brokerage house (intermediary), accusing him of violating the law, consisting in concealing true information about the financial condition of the issuer. The investor has lost the case, although there are elements in the actual state that may be classified as misselling. The legal assessment of unfair behavior by financial institutions has become the subject of consideration. The conclusion is that the concealment by a financial institution of truthful information about the condition of the issuer is a tort of that financial institution.