Banking sector overview | Banking today and tomorrow | August 2025
A rotten compromise to speed up CHF loan cases
The draft act on CHF loans is now in its final legislative and governmental stages. It contains something for everyone: borrowers, banks, and the judges who will adjudicate on the relevant cases. However, no one will be satisfied, and the draft may still undergo radical changes during parliamentary proceedings.
Source: Prawo.pl
The Supreme Court departs from the theory of two condictions in favour of the balance theory – the first interpretation of the CJEU judgment of 19 June 2025 (C-396/24)
In its 9 July 2025 decision (I CSK 652/25), the Supreme Court confirmed that the balance theory is applicable to both bank and consumer claims, thus departing from previous case law based on the theory of two condictions.
Source: Związek Banków Polskich
Kochański & Partners: ‘The return of the balance theory following the CJEU judgement is good news’
On 19 June this year, the Court of Justice of the European Union (CJEU) delivered its judgment on the CHF loan case (C-396/24). The court ruled in favour of a simplified method of settling invalid loan agreements indexed to or denominated in CHF. This method is based on the so-called balance theory, which states that only the difference between the payments made by the parties (i.e. all instalments paid by the consumer versus the capital made available to the customer by the bank) is subject to settlement.
Source: PAP MediaRoom portal
Excess cash must be withdrawn. Banks have more liquid assets than necessary
According to the Polish Economic Institute (PIE), the Polish banking sector has excess liquidity, meaning that banks have more liquid assets than necessary. This forces the central bank to intervene in order to withdraw excess cash from the market.
Source: Bankier.pl
Banks will have a new obligation. They will check whether you are alive
The Sejm has passed an amendment to the Banking Law, which requires banks to check in the PESEL database whether their customers are still alive if they have not given any instructions for five years.
Source: Business Insider
Ukrainians are taking out loans to buy flats. Experts reveal the scale
A total of 265,000 foreign nationals have taken out mortgages and loans in Poland. The largest groups are Ukrainians and Belarusians. The majority of this debt is accounted for by mortgages. According to Puls Biznesu, the trend is growing. According to data from the Credit Information Bureau (BIK) reported by the newspaper, at the end of June, foreigners owed Polish banks a total of PLN 25.7 billion, with mortgage loans accounting for over PLN 21 billion. Puls Biznesu adds that foreign borrowers now account for 8% of banks’ loan portfolios.
Source: Money.pl
The number and value of frauds are growing. New data from the National Bank of Poland
The number and value of frauds involving bank transfers increased by around 20%, with the vast majority of cases involving manipulation of the payer. The National Bank of Poland has published a report on fraud committed using non-cash payment instruments in the first quarter of 2025. The data shows that the number and value of fraudulent transactions increased by 7.4% and 14.8% respectively compared to the fourth quarter of 2024. This is due to significantly more fraud occurring in transfer orders. However, the central bank reassures us that the proportion of fraudulent transactions remains low, at 0.0028% in terms of number and 0.001% in terms of value, of all transactions.
Source: Cashless.pl
Banks will warn against borrowing – a draft bill has been proposed
Advertisements for consumer credit must include a clear warning that borrowing incurs costs. Creditworthiness will be assessed using specific procedures, and lenders will not be able to rely on information from customers’ social media accounts. These solutions are provided for in the draft of the new Consumer Credit Act, which was published on 7 July 2025.
Source: Prawo.pl
Green finance – a new era of lending
An increasing number of banks in Poland and around the world are taking ESG factors into account when assessing the credit risk of companies. In the face of mounting challenges related to climate change and social issues, financial institutions around the world, including in Poland, are changing their approach to credit risk assessment. ESG factors — environmental, social and corporate governance — are becoming a key consideration in decision-making, rather than just a marketing tool. Banks are increasingly incorporating these factors into their customer assessment models, thereby affecting financing terms and the cost of capital and shaping new rules for the functioning of the financial market.
Source: Puls Biznesu
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See also
Banking today and tomorrow | An overview of the banking sector | July 2025
