The expert reveals: banks make mistakes and customers can benefit from it

The Court of Justice of the European Union (CJEU) issued on February 13, 2025 a long -awaited judgment on the sanction of free loan. This decision may have a huge impact on the consumer loan market in Poland, potentially affecting millions of contracts with a total value of about PLN 200 billion.

What is a free loan sanction?

The free loan sanction is a legal mechanism that allows the borrower to pay only the loan capital, without the need to pay interest, commissions and other costs, if the bank made mistakes in the loan agreement or did not fulfill the information obligations.

Marcin Bandurski, a lawyer from the Prokurent office, explains in an interview with Wprost.pl: “The sanction of a free loan is actually such a punishment for the bank for the fact that in their contracts with clients he has included some errors, which the act on consumer credit says. commissions and so on. ”

Key aspects of the judgment

The Court in its ruling confirmed that:

1. The free loan sanction is in accordance with EU law.

2. The scale of the error made by the bank does not matter – even minor deficiencies may result in the use of sanctions.

3. It is not necessary to show that the error had an impact on the consumer’s decision to take a loan.

What loans are subject to sanctions?

The free loan sanction applies to consumer loans up to PLN 255,500. As emphasized by Patron Bandurski: “This also applies to loans that have already been repaid, while a maximum of 12 months back. An additional condition is that these installments must be repaid on time.”

The most common errors in credit agreements

According to the expert, one of the most common mistakes is the incorrect calculation of the commission: “Let’s say that we want to borrow 10,000 zlotys. And the bank adds a commission. 800 zlotys or 1000 zlotys. And on the loan agreement we have that we borrowed not 10,000, which we get to hand, only 11. And from these 11 interest is calculated.”

How to take advantage of the free loan sanction?

To take advantage of the sanctions, the consumer must:

1. Analyze the loan agreement in terms of potential errors.

2. Submit a written statement to the bank about the use of sanctions.

3. In the event of a refusal of a bank, consider court.

“I think that looking for these mistakes yourself can be very difficult. It requires specialized, comprehensive knowledge,” advises Patron Bandurski.

Potential effects on the credit market

The judgment of the CJEU may have far -reaching consequences for the banking sector in Poland. As Marcin Bandurski notes: “Currently, with several million contracts in Poland for about PLN 200 billion, so this is a very serious matter for banks.”

The expert predicts that, as in the case of franc loans, this can lead to a wave of court lawsuits: “I think there will be more traffic here, faster than in franc cases.”

The judgment of the CJEU regarding the free loan sanction opens new opportunities for consumers, while setting banks against a serious challenge. Although the process of claiming your rights can be complex, potential benefits for borrowers are significant. It is worth remembering, however, that each case is individual and requires a thorough legal analysis.