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Saturday, February 8, 2025

The government intervenes regarding loans in Swiss francs. Act on special solutions

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Swiss franc matters will accelerate: New regulations have simplify and speed up proceedings in franc matters, and therefore relieve the burden on the courts and lead to shortening the time of proceedings. Under the bill, consumers suing banks they will not have to submit applications for security, among others in the form of suspension of installment repayment – installment payments will be suspended by operation of law upon delivery of the lawsuit to the bank. The adoption of the act is planned for the second quarter 2025 year.

What will change? The ministry wants to improve the efficiency of Swiss franc proceedings through, among others:

  • Expanding the possibilities of adjudicating in closed session both in the first and second instance.
  • Possibility hearing the parties in writing and no restrictions on questioning witnesses during remote court hearings.
  • Elimination of temporal restrictions (lifting the time limit) in relation to the plea of ​​set-off.
  • Enabling submitting an application for settlement of a counterclaim in one court proceeding, yes so that the court can settle the parties' mutual claims resulting from the invalidity of the contract in the judgment, which will eliminate the need to initiate a second, separate proceeding.
  • Granting court referendaries the power to discontinue proceedings in the event of withdrawal of a lawsuit or appeal, which is intended to reduce the burden on judges.
  • Extension of the scope of adjudication in franc cases in the second instance by one judge.
  • Incentives to conclude settlements out of court, including fiscal benefits for parties opting out of further litigation.

Watch the video Will the banking system collapse after the verdict regarding Swiss franc borrowers?

Not only Swiss franc borrowers will benefit: – The Act will serve not only Swiss franc borrowers, but all users of the justice system who, thanks to the reduction of arrears resulting from the influx of Swiss franc cases, will be able to count on faster examination of your affairs, regardless of what they concern – emphasized Minister of Justice Adam Bodnar.



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