Spory bankowe
Disputes with banks are currently among the most frequently litigated cases before Polish courts. They concern both foreign currency loans (CHF) and PLN-denominated loans based on variable interest rates (including WIBOR), as well as claims brought by banks for so-called remuneration for the use of capital following the invalidation of a loan agreement.
In practice, these disputes focus primarily on:
- unfair contractual terms (abusive clauses),
- failure to provide reliable information regarding credit risk,
- defective interest rate determination mechanisms,
- legal consequences of the invalidity of a loan agreement.
Each case requires an individual assessment - both with regard to the content of the agreement and the current case law of common courts, the Supreme Court, and the Court of Justice of the European Union.
Pracitce Leader
Services
The Dispute Resolution Department of AXELO Law Firm represents clients in disputes against banks at every stage of proceedings - from agreement analysis and the pre-litigation phase through court proceedings.
Below we present the main areas of our banking litigation practice.
- CHF (Swiss Franc) Loans
A “Swiss franc loan” most commonly refers to a loan granted in PLN, the balance or instalments of which were linked to the exchange rate of the Swiss franc (CHF). Two principal models were used:
- indexed to CHF - the amount in PLN was converted into CHF upon disbursement,
- denominated in CHF - the amount was specified in CHF and disbursed in PLN following conversion.
In practice, banks unilaterally determined the exchange rates, which resulted in additional costs (currency spread) and unpredictability of the outstanding debt.
Courts of general jurisdiction and the Supreme Court have repeatedly held such clauses to be abusive and, in many cases, grounds for declaring the entire agreement invalid. As a result, the parties are required to settle solely the performances actually rendered. The case law of the Court of Justice of the European Union is also of key importance in protecting consumers against unfair contractual terms.
How do We Assist?
We represent clients in court disputes, mediation, and complaint proceedings. We offer agreement analysis and assessment of potential claims or defense strategies against claims brought by banks.
- PLN Loans and WIBOR-Related Disputes
Legal issues are not limited to foreign currency loans. PLN-denominated loans may also contain unfair contractual provisions, including in relation to:
- interest rate determination rules (including the WIBOR mechanism),
- early repayment and reimbursement of commissions,
- low down-payment insurance and other imposed insurance products,
- excessive mortgage security.
In recent years, particular concerns have arisen regarding the method of determining variable interest rates and the scope of information provided to clients about the risk of increased instalments. Where the contractual balance has been disturbed, claims against the bank may be pursued - however, each case requires an individual contractual assessment.
How do We Assist?
We review PLN loan agreements, assess the validity of potential claims, and represent clients in disputes concerning interest rates and WIBOR.
- Bank Claims for “Remuneration for the Use of Capital”
Following the invalidation of CHF loan agreements, some banks have sought additional “remuneration for the use of capital” from borrowers. These claims are based on the assumption that the client should pay the bank an additional amount for the long-term use of the funds made available.
The prevailing position in legal doctrine and case law indicates, however, that in the event of invalidity, the parties should merely return what they have actually performed - without any additional remuneration for the bank.
At the same time, banks have filed motions to initiate conciliation proceedings, often in order to interrupt the limitation period for their claims.
How do We Assist?
We represent borrowers at every stage of proceedings - from responding to claims and conciliation attempts to court litigation. We develop litigation strategies and effectively defend clients against unjustified claims brought by banks.
