The court confirms the legitimacy of the claims of our client who purchased closed-end investment fund certificates

In a dispute initiated in 2018 on behalf of the Client – a commercial law company, purchaser of investment certificates of a closed-end non-public asset investment fund (FIZAN) – against the bank which was selling the certificates in question, the Commercial Court in Poznań shared the position presented by the Law Firm, issuing a preliminary judgment in which it considered the claimant’s claim for compensation for damage related to the sale of the certificates by the bank as justified in principle.

The case concerns the Client’s acquisition of investment certificates of a closed-end investment fund of non-public assets at the respondent bank. The product was not adjusted to its investment needs, and the very process of its distribution by the respondent bank was contrary to the Client’s interest and provisions of generally applicable law.

The Client is pursuing in court the payment of the equivalent of the purchase price of the investment certificates, increased by the costs incurred in this respect, considering the loss of purchasing power from the date of their acquisition. The bank disagreed with the position of the Client, indicating that the grounds for its liability for damages had not been met.

The Commercial Court in Poznań shared the position presented by the Client, represented by barrister Paweł Sowisło and attorney-at-law Przemysław Przerywacz, issuing a preliminary judgment and thus confirming the legitimacy of the claims made against the bank.