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Frankowicze – decision of the Supreme Court regarding questions to the CJEU

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The full Supreme Court Civil Chamber did not pass a resolution on foreign currency loans, instead it was decided to ask three questions to the Court of Justice of the European Union on the procedure for appointing judges.

“At today’s session, the Supreme Court, composed of a full Civil Chamber, did not issue a substantive ruling on the questions of the First President, the President of the Supreme Court, relating to the most important disputes related to the so-called Swiss franc loans. Instead, the Supreme Court asked the Court of Justice of the European Union with further questions for a preliminary ruling. The content of these questions is similar to some of the previous questions which have already been the subject of several dozen proceedings devoted to the organization of the justice system in Poland, “wrote the judges in a statement.

As stated in the Supreme Court’s communiqué, 21 judges attended the session. “The decision was taken by a majority of votes, with eight judges dissenting” – explained in the information posted on the website of the Supreme Court.

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Swiss franc loans in SN. Six questions for the fourth time

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At the end of January this year, the first president of the Supreme Court, Judge Małgorzata Manowska, filed a motion to resolve six legal issues. The questions concern: the possibility and effects of removing exchange rate clauses from contracts, including their annulment (questions 1-3), as well as the separate claims of the bank and the borrower (the so-called principle of two sentences, question 4), the limitation period for claims (question 5) as well as the possibility for banks to demand remuneration for the use of capital (question 6).

The Thursday meeting was the fourth approach to the matter. Originally, the Supreme Court Civil Chamber was supposed to deal with the questions of the first by the Supreme Court President on March 25, but the date of the meeting was postponed twice. First on April 13, then May 11. During the meeting in May, it was decided to postpone the court’s decision. The Chamber asked various institutions for a position on this matter “with the awareness of the social and economic importance that its decisions will have for Poles.”

As indicated earlier, the rulings of the Supreme Court may be of key importance both for the pending court proceedings regarding foreign currency loans and the process of concluding settlements between banks and borrowers in this case. He recommended the franchisees to refrain from concluding settlements until the Supreme Court issued a ruling, among others Financial Ombudsman.

PAP / Adam Ziemienowicz

Main photo source: Shutterstock



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