There are more court cases regarding the borrowers' questioning of the registration of the variable interest rate based on the WIBOR rate. Although for now it is still a small scale compared to approx. 2 million active zloty housing agreements. According to the data of the Polish Bank Association, at the end of March 2025, 1755 cases regarding WIBOR-ZA mortgage loans were pending in the courts. The number of cases in progress increases by an average of about 80 per month.
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The case -law is just shaping
The current case -law is not beneficial for consumers. Media reports show that at least three sentences were issued (only) stating the defect in the mechanism of setting interest on the basis of WIBOR. Until now, according to ZBP statistics, Over 150 unlawful judgments favorable for lenders have passed. – Although single, widely commented on adverse decisions for the banking sector appeared, including judgments of the District Court in Suwałki and the District Court for Warsaw-Śródmieście, but they are unit-comments Katarzyna Urbańska, director of the Legal and Legislation Team at the Polish Bank Association.
Indicates that in the first case, the court did not properly take into account the specifics of determining the WIBOR indicator and information obligations related to its use, while in the second the case concerned a different design of a variable interest rate than standard (i.e. WIBOR + margin).
– Importantly, All of the 100 final judgments that have been made so far were beneficial to banks. The judgment of the District Court in Wrocław, publicized in the media – presented as the first final judgment in the WIBOR case – in fact concerned a currency loan. The court recognized the loan agreement in francs, resulting from the annex, as invalid or permanently ineffective for reasons typical of the so -called franc cases, not referring to the interest rate in the gold or the use of the WIBOR indicator. Therefore, there is no reason to talk about a change in the case -law to the detriment of banks – emphasizes the expert of the ZBP.
See also: Unexpected decision. The CJEU may not answer questions about WIBOR loans
The courts sometimes issue security in the form of, for example, the “removal” of WIBOR from the interest rate, although according to ZBP, decisive decisions in this respect for banks are in the vast majority of the complaint at the stage of complaint (according to ZBP, over 96 percent of the courts of courts of second instance are favorable for the banking sector). Of the approximately 350 final security proceedings, only a dozen or so ended adversely for banks, and the dynamics of these increases are about one new adverse resolution per month.
Universal courts abstain with sentences
– Until the EU Court of Justice does not resolve all doubts regarding these loans, the jurisprudence in matters of zloty loans with the WIBOR rate will not be determined. Contrary to the position of the banking sector, not all judges believe that consumer claims are unfounded. This is evidenced by the fact that the court in Częstochowa asked the CJEU with questions preliminary. This court has doubts as to how, under EU law, cases for invalidity of zlotys should be resolved – believes legal advisor Radosław Górski representing borrowers in disputes with banks.
We would like to remind you that the District Court in Częstochowa (in case IC 1226/23) was the first in Poland in the spring of 2024 to the Court of Justice of the European Union, the so -called Questions for a preliminary ruling regarding PLN loans based on the WIBOR rate. Proceedings before the CJEU (C-471/24) enters the decisive phase: on June 11 in Luxembourg there will be a trial during which the Tribunal will hear the arguments of both sides. However, the verdict will not be passed now – it is expected at the earliest in the fourth quarter of 2025 or in the first half of 2026 (if the opinion of the Ombudsman General of the CJEU was to be issued).
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– Not only, however, the Częstochowa court has doubts. In one of the cases regarding the zloty loan conducted by our office, the court suspended court proceedings until the judgment was issued by the CJEU. In many other cases, judges, even if they do not formally suspend proceedings, abstain with issuing a decision until the Tribunal speaks – says Moc. Górski.
He adds that does not have data on the number of court proceedings suspended or suspended until the judgment was issued by the CJEU. “However, I get the impression that the courts suspend the decisions in most of my cases.” However, I am convinced that soon many judges will decide on the formal suspension of court proceedings. However, this will become provided that the opinion of the General spokesman of the CJEU will announce a judgment favorable to consumers – He assesses the borrowers' representative.
See also: Dispute about WIBOR. Do banks tell the whole truth? [OPINIA PRAWNIKA]
– We also have information that some proceedings before national courts have been suspended until the CJEU responds. In our opinion, however, these situations are not massive – says Katarzyna Urbańska.
He also points out that the questions of the CJEU in the WIBOR case were asked on the initiative of borrowers who raised doubts as to the correctness and compliance of the WIBOR indicator. – It was their actions that prompted the National Court to refer to queries to the Tribunal. Suspending certain proceedings before national courts are a natural consequence of this step and an expression of process caution – the courts are waiting for an unambiguous interpretation of EU law. It is therefore impossible to conclude that the courts deliberately extend cases, since the borrowers themselves wanted to launch this path – adds Urbańska.
What effects will the CJEU ruling have
According to Radosław Górski, the CJEU's judgment will apply to potentially hundreds of thousands of loans and loans in Poland, which are a source of multi -billion profits of banks, it will probably be one of the most important rulings in the history of disputes between consumers and the banking sector.
– It should be obvious to every lawyer in Poland that Polish courts will be bound by the CJEU judgment in the interpretation of EU law. The way the CJEU answer the questions of a preliminary ruling will be of key importance for shaping the case -law in Poland. It was similar in the case of franc loans: the CJEU, as a rule, contrary to the judgments of common courts at the time, he decided all the issues of franchisers presented to him, leading to the shape of a pro -Education and beneficial for consumers of the case -law. Courts in Poland must treat the CJEU judgments as binding, even if they disagree with them – says Moc. Górski, emphasizing that the EU tribunal will not look at economic effects.
-If the CJEU answers the questions of consumers' thoughts, categorically stating that the mechanisms of PLN loans may be considered abusive, and that due to the lack of information on the method of determining WIBOR and failure to comply with the obligation to inform about the scale of risk, these mechanisms are contrary to EU law, then Such a verdict will lead to a shape that is favorable to consumers, and also cause a mass wave of lawsuits not less than in the case of franc loans – forecasts Radosław Górski.
See also: Lawyers rub their hands. In their opinion, annulment of mortgages with WIBOR is a matter of time
In his opinion, the scenario in which the judgment of the CJEU regarding PLN loans will be at least partly beneficial to consumers, is real and expresses the “deep conviction” that all banks in Poland also count with such real risk.
– On the other hand, even a negative judgment for consumers does not mean that all consumers will automatically lose their chance in courts. The question of a preliminary ruling applies to loans granted after 2017, already during the existence of the GPW Benchmark. A negative judgment for consumers may have no connection with older loans – says Górski.
Banks defend contracts with WIBOR indicators
– In our opinion, the claims of borrowers questioning the legitimacy of applying the WIBOR indicator, its honesty, reliability and transparency, do not have any legal or economic basis. This position They also share the institutions included in the National Financial Safety Network, including the financial stability committee – says Katarzyna Urbańska.
The ZBP expert refers to positions where KSF (consists of NBP, KNF, MF and BFG) defended the WIBOR indicator. – According to their assessment, WIBOR is a reference indicator in accordance with national and EU regulations, transparent, supervised and resistant to manipulation. Most common courts also speak in a similar tone, which, mostly, dismiss the claims of borrowers, considering that the use of WIBOR in credit agreements does not violate the law or the interests of consumers-adds Urbańska.
Author: Maciej Rudke, Business Insider Polska journalist
