“Pursuing claims under the so-called Swiss Franc credits in practice and case-law”

“Pursuing claims under the so-called Swiss Franc credits in practice and case-law”

In view of the significant dynamics of the case-law on the so-called Swiss Franc loans, manifested both in the latest judgments of the Supreme Court and common courts, in particular in connection with the CJEU ruling of 3 October 2019, which translated into increased market interest in this subject, members of the Team dealing with disputes with banks in our Law Firm, i.e. legal adviser Renata Kawula and legal adviser Michał Twardowski, on 23 January 2020, took part in a training course entitled “Pursuing claims under the so-called Swiss Franc credits in practice and case-law” conducted by Dr. Helena Ciepła, a retired Supreme Court judge. 

The training course covered the following issues: 

1. Conclusion of an agreement on the so-called indexes or denominated Swiss Franc credit, 

2. Abusive currency clauses,

3. Elimination of an abusive clause and continuation of the agreement

4. Significance of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ EU. L 1993/95/29),

5. Significance of the CJEU judgement of 3.10.2019 in Case C-260/18 for the recovery of claims under the so-called Swiss Franc credit agreements,

6. Conclusion of an annex to the agreement in accordance with the Anti-spread Act and repayment of the loan directly in a foreign currency,

7. Calculation of the amount of the claim, 

8. Call for a settlement attempt and the statue of limitations for claims under the so-called Swiss Franc loan agreements under the law in force from 21 August 2019,

9. Change of the currency of the loan agreement and declaration of its invalidity,

10. Admissibility of pursuing claims after full repayment of the credit,

11. Declaring the loan instantly due and payable by the Bank,

12. Case law.

The training course made it possible to systematise the knowledge gained so far and to confirm the correctness of the concepts adopted in the lawsuits already filed with the courts. The team dealing with the «Swiss Franc» disputes with banks is currently preparing documentation for another batch of lawsuits aimed at recovering significant amounts overpaid by the Law Firm“s Clients in connection with unfavourable «Swiss Franc agreements» concluded until 2010, containing the so-called abusive clauses.

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