22:52 12 November 2024
Supreme Court creates uncertainty for Swiss franc borrowers
The Supreme Court of Poland ruled that despite abusive clauses in contracts, the agreements are still valid. This pertains to GE Money (now BPH), where contracts contained indexation clauses tied to exchange rates set by the bank without clear methodology, giving the bank the power to manipulate rates. The court ruled that removing the bank's margin could make the contract valid, while other courts often declare such clauses entirely void.
The split in the Supreme Court reflects differing views: some judges believe the contracts can remain valid by removing the margin, while others argue the entire clause must be removed. This ongoing debate creates legal uncertainty, especially in light of EU court rulings favoring consumers.
(pb.pl)
