Swiss franc loans

Franc Loans Litigation

There are still a number of issues in the field of Swiss franc loans which have not been addressed by either national courts or the Court of Justice of the European Union.

This concerns the clarification of possible divergences in the case-law of the CJEU as to which methods of interpretation of credit agreement are acceptable.

There is considerable uncertainty for all parties involved in the issue of franc loans. A potential invalidation of numerous agreements as a result of legal proceedings would entail high financial risks, therefore a business-oriented approach to legal issues is required. Our team of litigation lawyers has extensive experience in representing banking sector entities. Our key area of specialization is litigation concerning claims under foreign currency (especially Swiss franc) credit and loan agreements. 

Our clients include both Polish and foreign banks. We have represented the largest Polish bank in court and been involved in developing and implementing its litigation strategy. We have also developed a business strategy regarding compensatory benefits for a leading commercial bank.

We advise and represent banks in court proceedings concerning credits and loans indexed to or denominated in, the Swiss franc. Our assistance includes development of litigation strategies and representation in courts of all instances. We also provide ongoing advice in other proceedings related to CHF loans. We represent banks in procedures concerning customers’ complaints regarding credit agreements, and also in court proceedings concerning the repayment of credits or loans due to the borrower failing to pay instalments. We are  involved in developing litigation strategies with regard to claims under foreign currency credit or loan agreements.

We assist banks at the pre-litigation stage, in settlement negotiations and in the course of litigation. With our well-worked-out strategies and their consistent implementation, we successfully represent clients in all kinds of disputes.

Audit of model agreements

In order to guarantee the highest possible level of protection for the bank, we analyze model agreements in terms of their compliance with the law and current case-law. We help to prevent currently executed agreements from being declared invalid in the future. In addition, we verify which of the contractual clauses applied by banks may result in the invalidation of agreements.

Assessment of the validity of claims

We analyze which of the borrowers’ claims are well-founded and have a chance of being accepted in court proceedings. On this basis, we develop the most advantageous trial strategy for the bank and consistently implement it.

Settlement negotiations

We support banks in all stages of settlement negotiations by developing a strategy, representing during the discussions, and ensuring the presence of a competent mediator – if necessary – until the court’s approval of the settlement agreement.

Representation in court

We represent banks at all stages of court proceedings, seeking the best possible outcome. We assess each case individually and develop a trial strategy based on the interests of the client and the profitability of bringing an action in a specific case. We guarantee support in preparation of the strategy, drafting pleadings and providing legal representation in court.

Our publications:

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Kredyty frankowe, czyli sądowe TSUEnami kosztem sektora bankowego?

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Wyrok TSUE. Eksperci komentują, że jest za wcześnie by mówić o pełnym sukcesie frankowiczów

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Kredyty frankowe – czy pytania prejudycjalne do TSUE rozstrzygną wątpliwości?

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Frankowicze po wyroku unieważniającym umowę: ważne, aby zgoda kredytobiorcy była świadoma

Contact us:

Mateusz Ostrowski

phone: +48 22 326 9600
mobile: +48 606 385 813
email: m.ostrowski@kochanski.pl

more..

Agnieszka Chajewska

phone: +48 22 326 9600
mobile: +48 728 432 414
email: a.chajewska@kochanski.pl

more..

Andrzej Pałys

phone: +48 22 326 9600
email: a.palys@kochanski.pl

more..

Weronika Magdziak

phone: +48 22 326 9600
email: w.magdziak@kochanski.pl

more..

Contact us

Address

Kochański & Partners

METROPOLITAN
Plac Piłsudskiego 1
00-078 Warsaw

Office Hours:
Monday – Friday 9:00 AM to 8:00 PM

Phone

T: +48 22 326 9600
F: +48 22 326 9601

Let’s stay in touch

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