Senate Approves Swiss Franc Loan Reform Bill Without Amendments
The Polish Senate has passed legislation aimed at streamlining judicial proceedings for Swiss franc-denominated mortgage disputes, clearing the path for the document to be signed into law by the...
The Polish Senate has passed legislation aimed at streamlining judicial proceedings for Swiss franc-denominated mortgage disputes, clearing the path for the document to be signed into law by the President.
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Legislative Progress for Franc Loan Cases
The Senate approved the bill on Thursday without any amendments, with 63 senators in favor, 13 against, and one abstention. The new regulations introduce procedural modifications designed to expedite the resolution of lawsuits involving consumers and banks.
Following this vote, the Senate declined to deliberate on three amendments proposed during the debate, which had not been recommended by the relevant committees. The bill is now headed to the President for final approval.
Automatic Suspension of Loan Repayments
Under the new law, a borrower’s obligation to pay loan installments will be automatically suspended once a lawsuit is served to the bank, remaining in effect until the case reaches a final legal conclusion. This process is designed to function automatically without requiring additional judicial rulings.
Addressing Counterclaims and Court Procedures
The legislation allows banks to file counterclaims for the return of capital if a loan contract is declared invalid, with the deadline for such filings extended until the end of the first-instance proceedings. This seeks to resolve all mutual claims in a single judgment, preventing the duplication of legal proceedings.
New provisions also broaden the use of closed-door hearings, remote testimony, and written statements for cases involving “franc” loans. Additionally, court referendaries are granted the authority to close cases following the withdrawal of a lawsuit or appeal.
Supreme Court Casation Appeals
In instances where the Supreme Court has already accepted a lender’s cassation complaint, the court may now change its decision and reject the complaint if the matter no longer involves a significant legal issue or lacks the necessity for further legal interpretation.