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The Financial Ombudsman presented the Supreme Court with his position on the Swiss franc loans in case no. III CZP 11/21

24 June 2021

In response to the First President of the Supreme Court’s inquiry, the Financial Ombudsman presented his position concerning the directions of resolving legal issues presented by the Civil Chamber of the Supreme Court in cases related to loans indexed and denominated to foreign currency.

“Our position is congruent with the Financial Ombudsman’s views presented hitherto and adds further arguments arising from the latest case-law and legal scholarship,” explains dr hab. Mariusz Golecki, university professor and the Financial Ombudsman. “We consulted with a range of civil and consumer law communities and specialists in preparing our response for the Supreme Court. I would like to assure you that my office will continue to support consumers unreservedly, using all legally available instruments in all types of cases.” Read more.

The Financial Ombudsman is preparing his position for the Supreme Court.

24 May 2021

The Financial Ombudsman started work on his position on the legal issues covered by the motion of the First President of the Supreme Court in case III CZP 11/21.

The press spokesperson of the Supreme Court informed that on May 11, 2021, the composition of the entire Civil Chamber of the Supreme Court considering at a closed session the request of the First President of the Supreme Court of January 29, 2021, to resolve discrepancies in the interpretation of legal provisions in the case law of common courts and the Supreme Court concerning loans indexed and denominated in foreign currencies, decided to inform the Financial Ombudsman about the ongoing proceedings and asked for his position on the legal issues covered by the request of the First President of the Supreme Court…Read more.

The Supreme Court confirms the position of the Financial Ombudsman.

7 May 2021

The Supreme Court, at a session of the Civil Chamber composed of 7 members, ruled that in the event of the invalidity of a foreign currency loan agreement, the parties to the dispute should settle accounts according to the theory of two claims [Polish: “teoria dwóch kondykcji”]. The resolution adopted today by the Supreme Court has the force of a legal principle and ensures greater predictability of case law in the so-called Swiss franc matters. The ruling of the Supreme Court is consistent with the position of the Financial Ombudsman, who also applied for the unification of judicial decisions.

– The adopted resolution confirms the trend in jurisprudence that is beneficial for consumers – says dr. hab. Mariusz Jerzy Golecki, professor at the University of Łódź, the Financial Ombudsman. – First, it ensures the predictability of the jurisprudence, and only in such conditions are customers able to estimate the possible financial consequences of specific actions. Therefore, the resolution is important both for those who wish to pursue their rights in court and for those considering the possibility of an amicable settlement of the dispute. Secondly, and equally important, the application of the theory of two claims is more beneficial for consumers, who are the weaker party in disputes with financial institutions and they bear the consequences of illegal provisions applied by banks in their loan agreements…Read more.