HELP FOR CHF BORROWERS

Swiss franc loanslegal help in Poland

Between 2004 and 2010 many people in Poland took out mortgages indexed or denominated to the Swiss franc (CHF). Case law of the Court of Justice of the EU and Polish courts allows consumer borrowers to challenge the currency conversion clauses in these contracts. I review loan agreements and represent borrowers in disputes with banks: in English if you prefer.

Free contract analysis

What is the CHF loan problem?

Between 2004 and 2010, Polish banks granted mortgage loans denominated or indexed to the Swiss franc (CHF) on a massive scale. Borrowers counted on lower interest rates, but after the sudden CHF exchange rate surge in 2015, their installments and outstanding balances skyrocketed. Many borrowers have already paid many times more than the original loan amount, and the debt keeps growing.

CHF exchange rate surge in January 2015 (from approx. 2.10 to over 4.00 zł)

Abusive (unfair) FX clauses in loan agreements

Lack of reliable information to consumers about currency risk

One-sided transfer of currency risk to the consumer

Legal basis for claims

The Court of Justice of the European Union has ruled on numerous occasions that FX clauses in consumer contracts may be unfair if they were not individually negotiated and did not clearly inform about currency risk. On this basis, Polish courts in many cases declare loan agreements invalid or disregard the unfair conversion clauses. The outcome depends on the wording of the specific contract and the circumstances in which it was signed.

CJEU judgment of 3 Oct 2019 (C-260/18, Dziubak): effects of unfair clauses in CHF loans

CJEU judgment of 15 Jun 2023 (C-520/21): bank claims after a loan agreement is declared invalid

Polish Supreme Court resolution of 7 May 2021 (III CZP 6/21): settlement of an invalid contract (two condictions theory)

Polish Supreme Court full Civil Chamber resolution of 25 Apr 2024 (III CZP 25/22): CHF loans

The 2026 CHF Act: what has changed

Since 7 August 2026, Polish courts apply the Act of 29 May 2026 on special rules for hearing cases concerning CHF-denominated or CHF-indexed consumer loans (Journal of Laws 2026, item 985). The Act does not change how courts assess whether a contract is invalid and does not decide the outcome of a case. It changes how proceedings are run:

Once the bank has been served with the claim, the obligation to pay instalments is suspended by law until the case is finally concluded, with no separate application for an injunction.
The bank may not terminate the loan or report the borrower to BIK (the Polish credit bureau) for unpaid instalments covered by the statutory suspension.
In pending cases where the claim was served earlier, the suspension applies from 7 August 2026.
Courts can more often rule in closed session, hear the parties remotely or in writing, and issue shorter written reasons.

The Act applies only to consumers and CHF-linked loans. The claim is filed with the court for the borrower's place of residence, which does not limit the choice of lawyer. Court practice under the new rules is still developing.

How I help

Contract review

Review of the loan agreement and documents for unfair clauses and possible claims.

Options

Discussing the available routes, such as a lawsuit to declare the agreement invalid and claim repayment, or a settlement offer from the bank, together with the risks.

Court representation

Representation at every stage: from filing the claim, through hearings, to the judgment and any appeal.

Settlement with the bank

Calculating the claims and pursuing repayment of amounts paid to the bank.

CHF loan calculator

A simplified comparison: your current CHF loan balance (converted to PLN) against the balance a comparable loan granted in PLN from the start would have. The result is illustrative only. Enter your contract details and current loan status.

Loan amount (CHF)

CHF/PLN rate on the day the contract was signed

PLN interest rate (% per year)

Loan term (years)

Number of monthly installments paid

Current outstanding balance (CHF)

Current CHF/PLN rate

The calculator gives a simplified, illustrative result for information only and does not reflect how courts settle claims between the parties. The actual settlement depends on the contract, repayment history and the court's decision. The result is not legal advice or a forecast of the outcome of a case.

How the calculator works: common questions

How does the calculator work?

The calculator compares two values: (1) your current outstanding CHF balance converted to PLN at today's rate, and (2) the balance a comparable loan granted in PLN from the start would have. The difference is illustrative only.

Where does the result come from?

It is the difference between what you currently owe the bank (CHF balance in PLN) and what you would owe on a PLN loan. The higher the current CHF rate compared with the rate on the day you signed, the bigger the difference.

What is the two condictions theory?

It concerns the settlement between the parties once a loan agreement is declared invalid: each party can claim back what it paid (the borrower the installments and fees, the bank the capital it paid out). The calculator does not model this settlement; it shows a simplified comparison with a PLN loan.

Does this mean I'll recover exactly this amount?

No. The calculator gives an estimated result for informational purposes. The actual amount depends on the contract details, payment history, commissions, interest rate, and the court's position. An accurate settlement requires analysis of the full loan documentation.

What documents are needed for a review?

Mainly the loan agreement with annexes, the bank's terms and conditions forming part of the agreement, the repayment schedule and the bank's statement of repayment history. These allow the possible claims and their amount to be assessed.

Loan agreement review

Get in touch to schedule a free review of your loan agreement. I'll go through the possible claims, how the proceedings work and the risks involved.

Book a consultation