CJEU: The bank may not demand a refund of the entire loan after annulment of the franc contract

The Court of Justice of the EU ruled on Thursday that after annulment of the franc loan agreement, the bank may not demand the consumer to reimburse the entire nominal loan amount if the borrower has already repaid some of the receivables. According to the CJEU, such demands are contrary to EU law.

The decision was made on the question of a preliminary ruling of the CJEU by the District Court in Krakow. The Polish court considers cases in which the bank and the consumer reach mutual claims after annulment of the mortgage agreement indexed to the Swiss franc.

The CJEU questioned the so -called The theory of two condition, according to which after annulment of the contract, the bank may claim the entire loan amount paid from the consumer, regardless of the repayments made. The Court decided that this approach violates the provisions of the EU directive on dishonest conditions in consumer agreements.

“In practice, this structure forced banks to submit so -called counterpartments to claim or secure a claim for a refund of capital – which, as a ZBP, we have repeatedly criticized as a source of unnecessary costs and process complications.

The CJEU decided that such practice is contrary to Directive 93/13 ” – it was written in the position of the Polish Bank Association.

“The Tribunal has been in favor of a simplified settlement model, in accordance with the so -called balance theory – i.e. the principle that only the difference between the parties' benefits is subject to the settlement. The consumer may only reach the bank from the bank only overpaid amount above the value of the loan capital paid. In turn, the bank may demand an additional payment if the sum of the consumer repayments is lower than the amount of capital” – added.

The Tribunal also referred to the obligation to grant immediate enforceability to judgments that award claims to the banks recognized by consumers.

According to the CJEU, automatic rigor can expose the consumer to serious financial consequences and discourage him from claiming his rights. In such cases, domestic courts must apply a law in a way that does not weaken the protection of EU law.

The CJEU emphasized that national courts are required to use all means that will avoid particularly harmful effects on consumers.

The verdict is important for thousands of matters of franc loans in Poland.

ZBP with the judgment of the CJEU: means faster ending of disputes

The Thursday judgment of the CJEU will have significant consequences for the resolution of franc cases in Poland, means their faster completion – assessed the Association of Polish Banks. According to the CJEU, after annulment of the contract, the bank cannot claim the entire loan amount paid from the customer if part of it has been repaid.

“ZBP with satisfaction accepts the decision of the CJEU – its content is in line with our position presented from the very beginning in a public debate” – noted the Polish Bank Association in a press release.

According to ZBP experts, the Tribunal confirmed that the goal after annulment of the contract should be to restore the balance between the parties. The verdict means simplifying the principles of settlement and faster termination of disputes – the union pointed out. He added that the decision of the CJEU limits the risks related to the limitation of banks' claims for a return of capital.

“We believe that The verdict should be an additional impulse to conclude settlements between consumers and banks as the fastest and most effective way to resolve disputes” – emphasized.

12,606 new franc cases in the first quarter of 2025.

As reported by the Ministry of Justice (MS) at the beginning of June in a press release, in the first quarter of 2025 12,606 new francs were recorded, which is a decrease by half compared to the first quarter of 2024.

The number of cases remaining to be dealt with in the second instance increased by 2.9 percent. (From 57 thousand 504 at the end of 2024 to 59 thousand 185 at the end of the first quarter of 2025); And their “arrangement” increased by 91 percent.

In the first quarter of 2025, 11,495 settlements in franc cases were concluded, and the total number of settlements concluded since the beginning of 2024 amounted to 55,000. 506 – added.

Currently, the government is working on comprehensive solutions in the form of so -called the Act on improving franc proceedings, which – as MS assesses – radically change the way these matters are handled. The act is to relieve the justice system, provide franchisees with a simpler and faster way to solve their problems, as well as provide all citizens with the right to court and efficiently resolve their affairs. The adopted action plan assumes the entry into force of the Act this year. (PAP)

From Strasbourg Łukasz Osiński (PAP)

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