Recently, the Firm has obtained another favorable decision of the Court of Appeal in Krakow, Civil Division representing a borrower fighting for his rights in the so-called “Swiss Franc case”.
In December 2022, the Firm’s client won a dispute with BNP Paribas Bank Polska S.A., Warsaw branch as the legal successor to Bank Gospodarki Żywnościowej S.A. in Warsaw regarding a 2008 loan agreement. The District Court in Kraków found the Swiss franc denominated loan agreement invalid. BNP Paribas was ordered to pay the Firm’s client an aggregate amount of PLN559,489.74, CHF 1,718.04, as well as accrued interest and trial costs. Thus, the adjudicating courts fully accepted the claim for payment submitted by the Firm’s client and determined the non-existence of the legal relationship arising from the loan agreement – including for the future.
In justifying the validity of the Firm’s client’s claims, the court referred to clauses prohibited in loan agreements, finding them unfavorable for borrowers and invalidating the loan agreement.
File number I ACa 699/23; I C 1435/2
