Precedent-setting judgment in a CHF case. Return of loan principal
11.04.2023 Publications Financial litigation
There is much agitation in the social media in the wake of the judgment by Judge Kamil Gołaszewski, who – having addressed to the CJEU a request for a preliminary opinion concerning the landmark CHF case of Mrs and Mr Dziubak – has now ruled that the bank is entitled to repayment of the principal – adjusted for inflation, no less – upon invalidation of the loan agreement. This judgment is certainly advantageous for the banks, although lawyers representing CHF borrowers were quick to point out that it is still subject to appeal and, accordingly, may be overturned at a higher instance.
Katarzyna Bogusz-Grześkiewicz, attorney with GESSEL, announced on LinkedIn that on Friday, 10 February, the Regional Court in Warsaw handed down a precedent-setting judgment vindicating the position of the banking sector.
Authors
Katarzyna Bogusz-Grześkiewicz
Managing Associate
Attorney-at-law
Litigation | Financial litigation
Managing Associate
Attorney-at-law
Katarzyna joined GESSEL in 2020. She has extensive experience in representing financial sector institutions in commercial and civil litigation. A special place in her practice is devoted disputes in the field of banking law relating to PLN loan agreements with variable interest rates based on WIBOR or pegged to foreign currencies. She also represents payment service providers in proceedings concerning their liability for execution of unauth...
You may also like
13.10.2023
Kto i na jakich zasadach może stworzyć biogazownię rolniczą?
W wywiadzie z Świat OZE, Maciej Boryczko dzieli się swoją wiedzą na temat przyszłości biogazowni rolniczych w Polsce. ➡️ Kto i gdzie zbuduje taką instalację? Dowiedz si...
31.07.2023
WORKING REMOTELY FROM ABROAD
On 29 June 2023, the President of the Social Insurance Institution signed the Framework Agreement on cross-border remote working.In addition to Poland, signatories to th...