It is banks that will have to pay interest and compensation, not customers to banks.
Today's judgment of the Court of Justice of the European Union (CJEU) on Swiss franc loans brings important decisions for thousands of consumers who struggle with problems related to this form of financing. While considering preliminary questions submitted by a Polish court to the European Court of Justice in a case registered under reference number C-520/21, the CJEU determined that the consumer has the right to demand compensation from the bank exceeding the reimbursement of monthly installments and costs of contract performance. Moreover, the credit institution has no right to demand from the consumer any compensation exceeding the returned capital.
The CJEU's decision is an important achievement for people with loans indexed to the Swiss franc, who have been struggling with the unfavorable consequences of fluctuations in the exchange rate of this currency for a long time. The financial crisis caused by excessive lending in foreign currencies in the early 2000s caused the value of the Swiss franc to increase significantly compared to the Polish zloty, which resulted in an increase in loan installments for customers. Many people took out loans in good faith, not realizing the risk associated with this form of financing.
The ECJ ruling now puts banks in a position where they have to bear responsibility for improperly informing consumers about the risks associated with Swiss franc loans. Lending institutions will not be able to demand interest or other compensation that exceeds the repaid capital. This means that customers who have so far repaid more than the capital borrowed will be able to claim a refund of the overpayment with interest. The ECJ decision gives consumers the certainty that they have the right to compensation that goes beyond a simple refund of capital, which could involve interest, although many of them will probably be able to demonstrate further-reaching damages (this is already a classic civil case, and we of course invite you to us with such cases).
Many customers have faced significant financial difficulties due to the rise in loan instalments, and will now have the opportunity to receive some compensation for the losses they have suffered. However, it is worth noting that each case will be considered on its own merits, taking into account the circumstances of the specific loan agreement. To date, over 90% of such Swiss franc cases have been ruled in favour of the claimants by Polish courts. And although our practice does not directly handle cases strictly relating to Swiss franc loans, we will be happy to refer you to law firms that do handle such proceedings, and we will also assist you ourselves, through civil proceedings, in claiming additional compensation from the bank – provided that this is justified in your particular case.
Link to the CJEU judgment: https://klodzinskikancelaria.pl/tsue-c-520-21/