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.
Information, legal acts, advice on foreign currency loans in the context of the publication “Studies and Analyses of the Supreme Court. Scientific Materials. Foreign Currency Loans. Crucial Issues.” and the judgment of the Court of Justice of the European Union of 3 October 2019 in Case C-260/18
Developed by Kochański & Partners
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.
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.