Obligation to carry out a creditworthiness assessment due to Article 70.1 of the Banking Law is usually considered a public-law obligation of a bank, without affecting the private-law sphere of a loan agreement. The commented judgment of the Court of Appeal breaks the above interpretation. The gloss approving this ruling presents arguments supporting the thesis on the informative significance of a positive creditworthiness test result and its impact on the assessment of the bank's performance of pre-contractual obligations. Such a change in the interpretation of the provision justifies judicial interference in the contract, concluded in breach of pre-contractual rules of conduct, and enables the Polish legal system to be adapted to European standards, where the obligation to assess creditworthiness is a tool for protecting borrowers, related to private law sanctions.