The latest issue of Monitor Prawniczy (No. 6/2024) has just been published, featuring a commentary titled „Assessment of the Invalidity of a Mortgage Loan Agreement Due to Unfair Terms”, co-authored by Dr Michał Jabłoński, Managing Partner of Jabłoński Koźmiński & Partners.

The commentary analyses the judgment of the Court of Justice of the European Union (CJEU) from 15 June 2023 in case C-520/21, Bank M. This ruling focuses on the issue of restitution claims exceeding the mutually fulfilled performances. The authors of the publication demonstrate that the widely held assumption that, in the event of the invalidation of a loan agreement indexed or denominated in foreign currency, the borrower or lender only has claims for the return of the nominal amounts is incorrect.

We encourage you to read the full article!