Has everything been said in the Swiss Franc loans case law?

Michał Jabłoński, PhD
25.10.2024

It might have seemed that the subject of rulings in the so-called Swiss Franc loans has been exhausted. However, the scientific conference titled “Legal and economic aspects of rulings in “Swiss Franc” loans cases,” organized by The Foundation Laboratory of Law and Entrepreneurship, proved that such conclusions would be premature.

On September 27 this year, the Foksal CPF Press Center hosted an interdisciplinary event attended by renowned experts, academics, judges of common courts, and banking sector representatives. The conference presented a multifaceted view of the Swiss Franc loans issue, combining legal and economic analysis. Also, a critical discussion of the CJEU’s judgments was held, and an assessment of the evolution of European consumer law was made alongside reflections from the perspective of legal theory and philosophy.

Speakers’ thoughts:

  • Jan Krzysztof Bielecki, former Prime Minister, highlighted the macroeconomic threats resulting from the current case law.
  • Dr Tadeusz Białek, the President of the Polish Bank Association, focused on the challenges of the banking sector and the need to develop effective solutions, such as settlements.
  • Dr hab. Krzysztof Koźmiński, prof. UW presented a critique of the CJEU case law and its impact on the Polish legal system.
  • Dr hab. Robert Gwiazdowski, professor at Lazarski University in Warsaw, drew attention to moral hazard and interpretational abuses.
  • Dr Tomasz Spyra stressed the need to consider the national law’s context in case law.
  • Monika Kucharska from the District Court in Warsaw discussed examples of abuses in Swiss Franc loan cases.
  • Henryk Walczewski, judge of the District Court in Warsaw, analyzed the procedural and substantive aspects of Swiss Franc loan disputes.
  • Grzegorz Chmiel, judge of the District Court in Warsaw, compared the problem to a “tumor” and called for radical legislative changes.

The monthly financial newspaper BANK.pl published an article titled “Krytycznie o wyrokach w sprawie kredytów frankowych” [ENG: “Critically about the judgments on Swiss Franc loans”], which outlines the essential conclusions from the conference, indicating potential threats resulting from the instrumentalization of consumer law and deconstructing popular myths about Swiss Franc loans. The authors drew attention to the far-reaching socio-economic consequences of the current case law, which may prove critical for future legal solutions.

We encourage you to read the article!

The link to the publication is available here.

Authors

dr hab. Krzysztof Koźmiński
Attorney-at-law, Managing partner+48 602 359 329krzysztof.kozminski@jklaw.pl
dr Michał Jabłoński
Advocate, Managing partner+48 603 728 108michal.jablonski@jklaw.pl

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