EU's top court issues another consumer-friendly verdict on CHF mortgages

Julien Warnand/PAP/EPA

The Court of Justice of the European Union (CJEU) has issued another ruling which seems favourable for Polish Swiss-franc (CHF) mortgage borrowers, stating that bank consumers should be able to understand the actual risk related to a loan during the entire duration of a loan agreement.

The verdict was issued in a reply to inquiries for a preliminary CJEU ruling, submitted by the Polish courts. The inquiries were also related to clauses in loan agreements prohibited by the regulator as a violation of consumer rights, among others.

"The clearly pro-consumer answers provided by the CJEU carry a huge opportunity to speed up proceedings on CHF loans before Polish courts," said Wojciech Bochenek, a lawyer from the law firm Bochenek i Wspolnicy that was involved in the case.

In June, the CJEU ruled that Polish banks cannot seek additional remuneration from FX loan holders after a loan is declared null and void due to unfair terms. 

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