Today, two important judgments were handed down by the CJEU concerning Swiss franc borrowers.
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
Until now, banks have argued that the court cannot declare a contract invalid because such a declaration could have grossly negative consequences for the consumer, among other things because the bank would then acquire the aforementioned claim to use the capital.
From today, it should be recognised that this ‘bogeyman’ of the bank no longer has any significant meaning. The CJEU ruling should therefore simplify and standardise the line of jurisprudence in Poland.
In addition, another CJEU ruling was issued today (C-287/22), in which the CJEU disagreed that only borrowers who have already ‘overpaid’ their loans are entitled to apply for a suspension of instalments. The CJEU found that such an interpretation is incorrect because the borrower should not be forced to subsequently extend their claim. The CJEU found that the non-suspension of instalment payments may even be necessary to ensure the full effectiveness of the judgment, as without it the full legal and factual situation prior to the conclusion of the agreement would not be restored.
The CJEU also pointed out that maintaining the obligation to pay instalments may lead to a deterioration of the borrower’s financial situation to such an extent that the consumer will not be able to assert their rights in court. The Court concluded that refusing to apply a safeguard by suspending instalment payments for the duration of the proceedings is contrary to the provisions of the Directive, but only if the safeguard was necessary and its absence would not ensure the full effectiveness of the judgment.
Author: Mateusz Kołodziejak
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