Poland’s banking sector has welcomed a new ruling by the European Court of Justice (CJEU) on Swiss franc mortgage disputes, saying it strengthens lenders’ rights to recover capital from borrowers after loan contracts are invalidated
The Polish Bank Association (ZBP) said the judgments in three separate cases confirm that consumers must repay the capital originally borrowed, with president Tadeusz Białek calling it “the end of the dream of free apartments.”
According to the ZBP, the court found banks may pursue repayment claims even before invalidity proceedings are fully concluded and that consumer declarations acknowledging the consequences of invalid contracts may affect limitation periods. The rulings also preserve the ability of national courts, in exceptional cases, to disregard limitation periods on equity grounds.
Banks argue the decisions will improve legal certainty, reduce disputes over limitation rules, and encourage more out-of-court settlements between lenders and Swiss franc borrowers.