Biznes Fakty
Important verdict for Swiss franc borrowers. Banks cannot do this
On Thursday, the Court of Justice of the European Union determined that a bank cannot demand the reimbursement of the full nominal value of a Swiss franc loan from a consumer after the loan has been annulled, provided the borrower has already repaid a portion of the debt. The CJEU stated that such claims are incompatible with EU legislation. The Polish Bank Association believes that the ruling will encourage settlements to be reached.
This ruling stemmed from a preliminary question posed to the CJEU by the District Court in Kraków.
The Polish court is evaluating cases in which a bank and a consumer have mutual claims following the declaration of invalidity of a mortgage loan agreement linked to the Swiss franc.
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CJEU ruling
The CJEU challenged the so-called two-condition theory prevalent in Polish judicial practice, which posits that after a contract is invalidated, the bank is allowed to demand the entire loan amount from the consumer, regardless of any repayments made. The Court determined that this stance contravenes the EU directive regarding unfair terms in consumer agreements. Additionally, the Court highlighted the necessity of granting immediate enforceability to judgments that support claims recognized by consumers against banks. According to the CJEU, automatic enforcement may place consumers at risk of serious financial repercussions and deter them from asserting their rights. In these instances, national courts must interpret the law in a manner that does not diminish the protections afforded by EU law.
Implications for thousands of cases
The CJEU emphasized that national courts are required to implement all necessary measures to prevent particularly detrimental outcomes for consumers. This judgment holds significant implications for thousands of ongoing cases in Poland related to Swiss franc loans.
Swiss franc issues in Poland
The government is developing comprehensive solutions in the form of the so-called act on streamlining Swiss franc proceedings, which will fundamentally alter how these cases are managed. The primary goal is not only to alleviate the burden on the judicial system but also to provide Swiss franc borrowers with a more straightforward and expedited method for addressing their issues, ensuring that all citizens retain the right to access the courts and that their cases are handled effectively. The proposed action plan anticipates that the act will come into effect this year (14 days of vacatio legis).
In the meantime, the Ministry of Justice published statistics in early June indicating that 11,495 settlements were reached in the first quarter of 2025. The cumulative number of settlements since the onset of 2024 has already surpassed 55,506.
ZBP: This is a catalyst for settlements
„The Polish Bank Association expresses satisfaction with the CJEU ruling – its content aligns with our position articulated from the very start of the public discourse,” the Polish Bank Association stated in a press release.
„The CJEU ruling will have considerable ramifications for resolving Swiss franc cases in Poland. By indicating that national courts should move away from established case law if it conflicts with EU law, the Court affirmed that the objective following the annulment of the agreement should be to restore equilibrium between the parties,” it further stated.
According to the Association, this entails simplifying the rules for settlements, expediting dispute resolutions, and mitigating risks associated with the expiration of banks’ claims for capital reimbursement.
The Court of Justice of the EU determined on Thursday that following the invalidation of a Swiss franc loan agreement, a bank cannot insist that the consumer repay the entire nominal loan amount if the borrower has already made partial repayments. The CJEU concluded that such requests violate EU law.
„We believe that this ruling should serve as an additional motivation to finalize settlements between consumers and banks, as this represents the quickest and most effective means of resolving disputes,” it was stressed.
