Favorable ruling on security in the Swiss franc case!

The District Court in Ostrołęka, by ruling dated August 8, 2024 (case no: I C 871/24), shared the arguments of the Law Firm and issued a favorable ruling for Clients regarding the granting of security. As a result, during the course of the court proceedings, Clients can suspend their loan payments.

Security for the claim is an institution that serves to protect the interests and rights of the plaintiff. According to the regulations, any party to the proceedings may request the granting of security if they substantiate their claim and legal interest in granting security.

A claim can be considered substantiated if, after reviewing the statements of the party and the evidence it has offered, there is a significant chance of its existence.

A legal interest in granting security exists when the lack of security would hinder the execution of the judgment rendered in the case or otherwise impede the achievement of the purpose of the proceedings.

A positive signal for borrowers regarding the issue of securing claims was sent by the CJEU, which in its judgment dated June 15, 2023, C-287/22 stated that the national court cannot dismiss a request for granting security if the security is necessary to ensure the full effectiveness of the judgment declaring the loan agreement null and void.

In Swiss franc cases, security particularly involves exempting borrowers from the obligation to repay loan installments during the course of the proceedings. Borrowers who have already repaid the loan principal have a significantly greater chance of obtaining security, i.e., in the course of repaying capital and interest installments, they have paid the bank an amount greater than the amount of the loan granted.

Practice shows that Swiss franc proceedings drag on for years. Despite repaying the principal and initiating court proceedings, borrowers usually continue to repay the loan because stopping payments may lead to negative consequences. Until a final judgment is issued in the case, the situation is unclear, and the bank maintains that the agreement is valid and must be executed.

Granting security to the borrower allows for the safe cessation of loan installment payments resulting from an unfair loan agreement without the need to wait for a final judgment.

Do you have a loan linked to a foreign currency and would like to know what rights you have? Contact our Law Firm – we will gladly analyze your loan agreement and present you with options.

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