The Supreme Court has accepted the cassation appeal we filed on behalf of a financial institution in the investment market.

The Supreme Court has accepted for examination the cassation appeal we filed on behalf of a financial institution in the investment market. The Supreme Court will decide when the damage associated with the decrease in the value of a financial instrument arises - does the damage arise only at the time of the sale or redemption of the financial instrument, or should it be deemed to arise at the time of the decrease in value despite the fact that the instrument remains in the investor's portfolio all the time? The second issue to be considered by the Supreme Court will be the admissibility of a brokerage house, which is not a credit institution, accepting liability of a guarantee nature for the minimum investment performance of the client-party to an investment portfolio management agreement concluded with the brokerage house.

Particularly controversial is the question of the assessment of the damage when a financial instrument has lost value, but is still in the client's investment portfolio. Determining the amount of damage and the very question of the existence of damage in such cases is a challenge for courts deciding claims by persons dissatisfied with the management of their investments by financial institutions.

Professor Karol Weitz, Ph.D., has been appointed as judge-rapporteur. The date for the hearing of the action has not yet been announced.

An interesting intellectual dispute of considerable importance for the market of investments in financial instruments is therefore being prepared!

The cassation appeal on behalf of the financial institution was filed by Michał Romanowski, Piotr Haiduk, Maciej Stasiewicz.