Systemic consequences of the rulings on Swiss franc cases

Abstract

The article examines the systemic consequences of the dominant judicial approach to foreign-currency mortgage disputes in Poland. It argues that the growing advantage of consumers stems from a functional model of protection grounded in the standards of Directive 93/13/EEC. Courts focus on transparency and contractual balance, consistently finding exchange-rate clauses abusive and declaring credit agreements invalid under Article 3851 of the Civil Code. This model strengthens the consumer’s procedural position and limits the possibility of “curing” unfair terms. The standards developed in foreign-currency cases influence the assessment of other credit products based on complex financial indicators.