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Swiss franc loans. Work on a project to improve the processing of “franc” cases is starting at the Ministry of Justice

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Work is underway on a project aimed at more efficient consideration of Swiss franc cases in courts, said Aneta Wiewiórowska-Domagalska, the plenipotentiary of the Minister of Justice dealing with this issue. – I hope that we will show this project in the fall – she emphasized.

– We must proceed efficiently, because the sooner we adopt this act, the sooner we will be able to influence the efficiency of proceedings in Polish courts – emphasized Wiewiórowska-Domagalska, who has been in office since January this year, in a conversation with journalists on Tuesday. serves as the plenipotentiary of the Minister of Justice for the protection of consumer rights.

Difficult situation in the courts

As she noted, the problem of lawsuits generated by claims related to Swiss franc loans has not yet been systematically solved, and the situation in the courts in this respect is difficult. Currently, there are almost 190,000 such cases in courts, of which 40 percent falls on the Warsaw appellation. However, too small a percentage of cases end in settlements.

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In the District Court in Warsaw, from April 1, 2021, the so-called franc division, i.e. XXVIII Civil Division of this court. At the same time, however, the problem of the influx of numerous Swiss franc cases concerns the courts of appeal – especially the one in Warsaw – which receive appeals against first-instance judgments. Therefore, efforts are underway to find additional funds for additional assistant positions.

As Wiewiórowska-Domagalska informed, “the planned act will aim to streamline proceedings in Swiss franc cases, i.e. introduce specific provisions regarding proceedings in these matters.”

The “perfect solution” for loans

She assessed that, for example, “an ideal solution would be one that would enable the full conclusion of the case in one proceeding – determining the abusive nature of the contractual provisions, invalidating the contract and then settling the mutual claims of the parties.”

As she pointed out, nowadays often “there are two proceedings arising from one loan agreement – one – a consumer's lawsuit, and the other – a bank's lawsuit.” – We would like to make it one thing – said the representative.

According to her, “the second goal of the changes will be to prepare the mechanism for approving settlements by courts in such a way that it is efficient, organized, measurable and concentrated in one court.”

She noted that currently various courts approve such settlements and it is a very time-consuming process. – We just want to improve it. We need to create a “through line” for approving settlements, she emphasized.

Work on a model settlement agreement

She added that in addition to preparing the project, work is also underway – with the participation of all interested parties – on developing a model settlement agreement in Swiss franc cases between a consumer and a bank.

– The template will rather have the character of a recommendation, but – taking into account that public institutions will participate in its preparation, i.e. the Ministry of Justice, the Polish Financial Supervision Authority, UOKiKthe Financial Ombudsman, as well as representatives of consumer associations and the Polish Bank Association – we assume that this model will be used – said the representative of the Minister of Justice.

– We plan that the civil law codification commission will start working on these regulations on July 3. I hope that we will be able to show the project in the fall. I really want it to be subject to comprehensive public consultations, announced Wiewiórowska-Domagalska.

According to plans, it is to be a draft of a separate act relating exclusively to this issue.

Main photo source: Shutterstock

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