On October 3, 2019, the Court of Justice of the European Union issued a verdict that may have a revolutionary impact on the current jurisprudence of the courts regarding CHF loans in Poland.
Our legal team has been monitoring the jurisprudence practice of Polish courts in matters related to foreign currency loan agreements for quite a long time now.
However, rulings issued so far have not always been beneficial for consumers. A favorable judgment of the CJEU may change this trend, and as a result the chances of CHF mortgages loan holders in court disputes with banks will increase.
In the opinion of the CJEU, all unlawful clauses should be “removed” from CHF agreements, without replacing them. However, if the removal of these contractual terms results in a change in the nature and subject matter of this contract, it may be considered void. A contract without illegal clauses may continue to apply only if it complies with national law.
In the coming weeks, the legal office’s team will be analyzing loan agreements concluded by our clients with the banks: mBank S.A. (formerly: BRE Bank S.A.), Santander Bank Polska S.A. (formerly: Bank Zachodni WBK S.A.), PKO BP, Getin Noble Bank S.A.