Supreme Court speeds up cases in Swiss francs

At the end of April, an internal working conference of the judges of the Civil Chamber was held, devoted to the identification of the most important controversies on questions of the Swiss franc.

– I cannot convey the opinions presented there, but in the discussion on these issues, with the exception of the “old” and “new” judges of the International Criminal Court, the judges of the general courts participated to a large extent. I am confident that it will translate into a more efficient settlement of the Swiss franc issues in May – the professor informed. Joanna Michtal Konica, President of the Civic Chamber. – The planned examination of cases will allow to determine whether there are cases in which there is no agreement on the positions of the judges. If it turns out to be necessary, then I do not exclude the possibility of submitting a request to resolve contradictions in the form of legal questions – added the head of the Investment Committee.

At the moment, there are three pending legal questions regarding Swiss Franc loans. The first relates to rewarding the use of capital. This case is addressed to the Chamber’s expanded seven-member mixed commission. The second concerns the qualification of the loan agreement as a mutual agreement, which will be important for the settlement of Swiss franc agreements between the borrower and the bank. And the third issue of explicitly excluding a judge from hearing a Swiss Franc case, in particular, how to get a loan in a bank party to a Swiss Franc trial, is what this judge is considering – such a case is to be examined on May 13.

It is estimated that several hundred cassation complaints relating to cases of concessionaires await recognition in the Civil Chamber, many of them coinciding with the six questions posed by the first president of the Supreme Court, A. Małgorzata Manowska presented the entire civil circuit in 2021, the answer of which could comprehensively resolve the most serious controversies. As you know, the subsequent meetings of this Chamber did not give an answer, first, many Polish institutions were asked questions to take a position, and then the “old” ICC judges voted to refer questions for a preliminary ruling to the Court of Justice of the European Union, not on the issue of loans, but Put the new judges in the room. And although the judges from the new appointment have now secured a majority, nothing in the International Court regarding the matter has moved to CJEU.

It is not only President Michel Konica who believes that a breakthrough in Swiss Franc affairs should not be expected following CJEU’s responses. Hence, the Chamber’s management announces, also in Rzeczpospolita, the formulation of a series of diligence in these matters by taking small steps: from case to case, from solution to solution.

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