Opinion of the General Advocate of the CJEU in the matter of loans in francs

Protection of credit borrowers who have taken loans indexed in foreign currencies is constantly the subject of jurisprudence and opinions of both domestic and international authorities. This trend is in a line with the opinion of the Advocate General of the Court of Justice of the European Union, presented on May 14, 2019.

This opinion was issued as a result of a question referred to by the Regional Court in Warsaw. The  Advocate General unambiguously expressed the view that a consumer might be bounded by an unfair clause only if such a will is expressed by him, regardless of what the judge thinks about it.  Moreover, he pointed out that filling gaps in the contract by the court is possible only in exceptional  situations and only using special regulations. He categorically excluded the possibility of applying in  such a case general clauses like a reference to the rules of social coexistence.

It should be remembered that the opinion of the Advocate General is only a proposal of the ruling, and is not binding; however, it indicates the basic directions of interpretation of European Union law in using unfair clauses by entrepreneurs, in particular banks.

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