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Franc loans. The number of judgments is increasing, most of them are favorable to customers

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The number of court judgments in CHF cases in 2022 increased to at least 9,600 from 2,800 a year earlier. The percentage of judgments favorable to borrowers has increased to 97 percent, according to the list prepared by Votum Robin Lawyers.

Market data collected by Votum Robin Lawyers shows that out of 9,596 judgments issued in 2022, 9,320 were favorable to borrowers (97.1%), 256 were favorable to banks (2.7%), and in 20 cases to set aside the judgment by the court of second instance and refer it for re-examination to the court of first instance (0.2%)

Increase in the percentage of cases won

For comparison, in 2021 Votum reached 2,780 judgments, of which 2,646 were favorable to borrowers. The case-win rate was then 95%.

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– An increase in the percentage of cases won from 95 percent. up to 97 percent is the best proof that borrowers who decide to bring a case against the bank win their cases. The line of the ruling of common courts seems to be well-established – told PAP Biznes legal adviser Wojciech Bochenek from Bochenek i Wspólnicy Kancelaria Radców Prawnych.

– The dominant decision is the annulment of the loan agreement, which completely frees the borrower from the unfair agreement, while allowing the mortgage to be deleted from the land and mortgage register – he added.

Out of 9,320 judgments favorable to Swiss franc borrowers passed in 2022, the courts in 9,021 (97 percent) cases supported the annulment of the loan agreement. On the other hand, in 294 (3%) judgments, the courts decided to uphold the contract in force, disregarding the unfair contract terms in terms of the conversion clause (the so-called de-franking).

Judgments in the second instance

The Votum data show a clear increase in the number of second instance judgments, of which 1,561 were issued in 2022. Borrowers legally won their cases in 1,538 cases, which is 98.5 percent. decisions. For comparison, in 2021, 390 judgments were handed down on the market, of which borrowers won 382 cases (98 percent) and 98 percent.

Main photo source: Shutterstock

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