Frankowicz, your claims against the bank expire. We explain

The limitation period is regulated in the Civil Code and means that after the deadline specified in the regulations, you can no longer effectively pursue a claim in court.

What is the limitation period for claims?

Its basic goals are to mobilize a person who has a right to take action to enforce that right. Otherwise – and this is the second goal – there would be a state of uncertainty between the parties for many years. A debtor, i.e. a person with an obligation, would have to be constantly prepared to receive a request for payment. The law does not like such periods of hesitation, hence the setting of deadlines, after which the creditor can no longer claim the right that he had not previously exercised for several years.

Article 120 of the above-mentioned Civil Code indicates that the limitation period begins to run from the date on which the claim became due, i.e. from the earliest moment when the creditor could demand performance of the obligation from the debtor.

Statute of limitations in Swiss franc matters

Claims in Swiss franc cases are also subject to time limits. Lawyers from the Sobota Jachira law firm in Wrocław write on their blog that there are two types of claims in Swiss franc cases:

• determining the invalidity of the Swiss franc loan agreement and

• reimbursement by the bank of repaid principal and interest installments and all loan-related costs.

“The two demands differ not only in the final effect following the court decision. These claims also have a different legal nature. Determining the invalidity of a loan agreement is a non-pecuniary claim, but where the issue of refund arises, we are talking about a classic pecuniary claim,” we read.

The limitation period will only apply to claims of the second type. Therefore, the issue of the possible recognition of the invalidity of a Swiss franc contract is not subject to the statute of limitations. The court may therefore decide on invalidation regardless of the passage of time. However, the issue of refund is completely different. The statute of limitations already applies here.

The limitation period for the borrower’s property claims

Therefore, it seems crucial to determine the limitation period for property claims of Swiss franc holders. Pursuant to the amendment to the Civil Code of July 9, 2018, claims from before that date are valid for a period of 10 years until the expiry of the limitation period. Younger claims have a period of 6 years.

Importantly, the above rules apply only to consumer borrowers. However, if the loan was taken out by an entrepreneur, the limitation period is only 3 years. For example, this deadline applies to banks, which can also submit their claims against the borrower.

When does the limitation period for Swiss franc cases start to run?

The most problematic issue in the context of the limitation period for Swiss franc borrowers’ claims is determining the moment at which the deadline begins. For a long time it was not clear and the question was interpreted in various ways as to the point from which the time should be counted at which holders of loans based on CHF can approach the court with their demands and count on obtaining a favorable verdict.

In its judgment of June 10, 2021, the CJEU indicated that the limitation period cannot begin to run if the borrower was not aware of the defectiveness of the contract. “This precisely means that the limitation period for claims of a person with a Swiss franc loan must be counted from the moment the main interested party became aware of the unfair nature of the term contained in the contract in question. In other words, from the moment he learned that his loan agreement contained clauses prohibited by law,” explain the lawyers of the Sobota Jachira law firm.

However, another problem arises: how to determine exactly when each Swiss franc holder received such information? This issue is approached in two ways.

• Most often, it is believed that the limitation period is counted from the first actions taken, which would prove that a given person has knowledge about the possibility of applying to the court for, for example, defracking a loan, i.e., for example, reporting to the bank with a complaint.

• Some lawyers believe that the limitation period should be counted from the judgment of the CJEU of October 3, 2019, i.e. from the famous ruling in the case of Mr. and Mrs. Dziubak, which significantly influenced the positions issued by the courts in matters of loans indexed and denominated in a foreign currency. However, this is quite a controversial thesis and generally determining the moment when the limitation period begins to run is determined individually in each case.