A breakthrough judgment of the CJEU. The borrowers were waiting for this day
“The Tribunal maintained a pro -consumer course” – notes Agnieszka Sobczyk, a legal advisor at the K&L Legal Granat and Wspólnica law office in an interview with “Wprost”.
The Court of Justice of the European Union (CJEU) has issued a judgment in the first Polish case regarding the free loan sanction today. He is proconsumer.
According to Agnieszka Sobczyk, who in 2024 obtained the first sentence determining the amount of installment in a loan with a free loan sanction and the first group sentence annulment of franc loans, today’s judgment is not a surprise.
– The Tribunal maintained the proconsumer interpretation course of Directive 2008/48. He had no doubt that in the contract, in the contract, such conditions for changing fees and commissions that could have been increased in the course of the contract that the consumer is not able to independently determine the scope of his duties is incorrect. Since the fees are low at the beginning, they may increase, the consumer should be protected – says the lawyer.
What does the CJEU judgment mean for borrowers?
As Sobczyk explains, in the Court’s opinion, as a result of this irregularity, there are grounds for the use of free loan sanctions.
– This means that the imprecise determination of the principles of changing fees and commissions will result in the lack of the need to pay any interest, fees and commissions due to the lender throughout the entire period of the contract – notes the lawyer.
Sobczyk: “The national legislator may predict a uniform sanction”
Patron Sobczyk explains that, according to the content of today’s judgment, the national legislator may provide for a uniform sanction for violating the information obligation.
– The Tribunal also had no doubt that the national legislator – as in Poland – may provide for a uniform sanction in the form of free credit sanctions for violating information obligations arising from the directive. This means that the free loan sanctions will be subject to both the imprecise determination of changes in fees and commissions, as well as the understatement of the total cost of the loan or the actual annual interest rate by up to several dozen zlotys – notes the lawyer.
