The District Court for the Capital City of Warsaw dismissed an agent’s claims seeking:
🔵 an order requiring the principal, a financial institution, to provide a statement containing data on the agent’s commission from repeat business; and
🔵 disclosure of information needed to establish whether the commission on repeat business had been calculated correctly — an “information claim”.
The judgment follows the approach established by the Regional Court in Warsaw, the Court of Appeal in Warsaw and the Supreme Court in analogous cases involving our firm.
❗ In its written reasons, the court stated that:
🔵 the agent’s entitlement to demand a commission statement from the principal is not independently enforceable;
🔵 claims for underlying information serve to verify only commission actually payable to the agent, so the court must assess whether the commission concerned was genuinely due; in this case it was not;
🔵 precisely defining the activities which attract commission, together with the agent’s lack of objections to remuneration during performance, means that the parties excluded other commission, including commission on repeat business.
DJP’s team included Gracjan Pietras, Maciej Rzepka, Marcin Liszka and Katarzyna Dzik.
