3 February 2022

Swiss franc loans

Jędrzej Banaszewski
Jędrzej Banaszewski
T: 796 580 170
The Civil Chamber of the Supreme Court issued a resolution on April 25, 2024, regarding issues related to "Swiss franc loans." This resolution confirmed the previous jurisprudence of the Supreme Court while correcting those aspects that were not in line with the jurisprudence of the Court of Justice of the European Union.

However, for many years, the jurisprudence of the Court of Justice of the European Union regarding defective loan agreements and unfair contract terms has been accepted by Polish courts. The vast majority of cases end with the annulment of the agreement, which means that borrowers who decide to challenge the agreement in court receive an interest-free loan. According to the court's ruling that annuls the agreement, the borrower settles with the bank up to the value of the granted loan.

If the loan was granted for an amount of 100,000 PLN, the borrower returns the amount of 100,000 PLN to the bank. Everything that the borrower has paid to the bank over the loan amount is subject to refund. This applies to both ongoing loan agreements and those that have already been completed and "closed," even many years ago.

As part of our services, the Law Office will conduct a free analysis of your loan agreement for unlawful clauses, calculate the amount of your claim against the bank, and present an offer of cooperation.

At every stage of the proceedings, including pre-trial stages, we also provide assistance in attempting to amicably resolve the dispute with the bank.

If the case finally goes to court, the Law Office will file a lawsuit and represent you in proceedings before the first and second instance courts. After obtaining a final judgment, we will assist you in settling with the bank.