A breakthrough sentence for borrowers. Polish courts can flood a wave of claims
The proconsumer position of the CJEU may cause the courts to flood a wave of claims – notes in an interview with “Wprost” Agnieszka Sobczyk, a legal advisor at the K&L Legal Granat I partner law firm and partners.
Thursday, February 13, 2025, will certainly go down in history as the day of issuing one of the most anticipated judgments of the Court of Justice of the European Union (CJEU). On this day, the first judgment in a Polish case related to cash loans and a free loan sanction institution. Regardless of whether it will be proconsumer or beneficial for banks, he will translate into the situation of borrowers and the Polish justice system.
The CJEU judgment will give the course of case -law
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 judgment annulment of franc loans, this judgment will give the direction of case -law.
– The Thursday judgment of the CJEU regarding the free loan sanction will remove the discrepancies of common courts as to the conditions of change of fees and the necessary transparency under a consumer loan – says the lawyer.
Sobczyk: “Polish courts will flood a wave of claims”
Patron Sobczyk emphasizes that the Thursday judgment of the CJEU will translate not only to consumer loans, but in general loans in general.
– If the CJEU adopted the position that imposing a commission credit qualifies a contract for a free loan sanction due to unreliable information, then the Polish courts will flood a wave of claims exceeding the problem of franc loans – says the lawyer.
The pro -ENGINE resolution of the CJEU will allow borrowers to claim their rights more effectively in a situation where they have concluded a loan agreement with a financial institution, e.g. a bank or a parabank, and were not correctly informed about all costs related to this contract (e.g. interest rates, commissions, additional fees) .
– This would be another milestone in the sphere of consumer protection on the financial services market in Poland – notes the lawyer.
