Important changes for the borrowers of CHF-denominated loans (Swiss loans)

On 15 April 2023, material amendments to the Code of Civil Procedure (CCP) were introduced to accelerate the processing of cases involving so-called CHF-denominated loan agreements. The previous amendment of 2021 resulted in an increase in the number of franking cases coming before the District Court in Warsaw Civil Division (the so-called Swiss Division).

As a result of the amendments to the CPC in 2021, the waiting time for a ruling was significantly prolonged, contrary to the intention of facilitating the judicial process for aggrieved consumers – bank customers.

Prior to the April amendment, borrowers had the choice of suing the bank in the court of their domicile or in the court of the bank’s seat, which in most cases meant the Swiss Division.

The new provision allows borrowers to sue the bank only in the court that has jurisdiction over their place of residence. The change in the provisions is expected to reduce the burden on the Swiss Division and speed up court processes.

The April amendments to the CCP also concern the material jurisdiction of courts in so-called Swiss cases. Currently, most cases go to district courts, which have jurisdiction to hear cases with a value of the subject matter of the dispute above PLN 75,000. However, the value of most loan agreements exceeds this amount, which overloads the district courts. To change this, as of 15 April 2023, the amount determining the court’s jurisdiction has been raised to PLN 100,000. Lawsuits with a lower amount in dispute will be referred to the district courts.

Authors:

Leszek Paterek, Attorney at Law

Michał Skrzypczak, Legal Assistant