The Court of Justice of the European Union has ruled that banks are liable for interest on invalid credit agreements only from the date a customer submits a formal demand specifying the exact claim amount.
The CJEU Verdict on Interest Claims
In a long-awaited opinion issued Thursday, the Court of Justice of the European Union (CJEU) confirmed national jurisprudence regarding interest payments on invalidated loan contracts. The court ruled that consumers are entitled to statutory interest for delay only once they have served the bank with a formal request specifying the exact amount of their claim.
The court clarified that EU law does not preclude national rules that require a consumer to state a specific sum in a pre-trial or legal document to trigger the bank’s obligation to pay interest. This requirement allows the bank, as the debtor, to properly assess the scope and validity of the consumer’s claim.
Banking Sector and Legal Commentary
The Polish Bank Association (ZBP) welcomed the ruling, noting that it reinforces the existing national judicial approach. By requiring a specific amount, banks gain the necessary clarity to evaluate their potential liabilities.
Legal experts Krystian Kabaciński and Bartosz Kubiak from the Kubiak i Wspólnicy law firm observed that this decision provides much-needed legal certainty. They noted that demanding a specific amount does not place an excessive burden on consumers, who can easily determine the funds they previously paid to the bank.
Context of the Dispute
The case originated from a dispute in a Polish court regarding the invalidation of a Swiss franc-indexed mortgage. When the bank challenged the lawsuit and sought the return of its own capital, the consumers adjusted their claims but maintained their request for statutory interest for delay.
The national court referred the matter to the CJEU to determine if the EU Directive on unfair terms in consumer contracts prevents national laws from requiring a specified amount before interest can be awarded. The CJEU concluded that such a condition is consistent with EU law and does not obstruct the protection of consumer rights.