The topic of loans in Swiss francs returned again. More and more consumers are trying to question contracts signed years ago, citing illegal clauses contained in contracts. Bolder bring lawsuits against banks, and most importantly – some won. In 2016-2018, as many as 22 courts issued a judgment favorable to the consumer.

In one case, the Warsaw Regional Court referred questions to the European Court of Justice asking for interpretation of EU law on unfair terms in consumer contracts (case C-260/18). From now on, everyone is waiting for the Court’s judgment, which due to regular procedure will probably be issued after the holidays. Until now we can use the opinion issued by Advocate General Giovanni Pitruzzelli, presented on May 14, 2019.

Borrowers filed with the Regional Court in Warsaw for annulment of the loan agreement due to unfair clauses regarding the indexing mechanism. The enabled the bank to unilaterally and freely determine the exchange rate, as a result of which the bank unilaterally determines the loan balance.

In the opinion of the Advocate General there were, among others such views as that the national court, having established the unfair nature of a contract condition, is obliged to refrain from using it or that the consumer interests that the national court must take into account are those existing at the time the judgment was issued, and not those that managed the consumer at the time the contract was concluded.

This view expressed by the Advocate General may be a harbinger of the long-awaited judgment of the Tribunal favoring borrowers. However, we should not forget that this is only an opinion, and the judgment may differ from it.