Securing legal action in franking cases

We are pleased to announce our latest publication on our law firm’s legal blog on a key issue for franking holders – „Securing a lawsuit in franking cases”. The authorship of this article belongs to experienced barrister Damian Nowicki, leader of the litigation and recovery department at our law firm.

In the context of the efforts of franking customers to invalidate the loan agreement, we know that waiting for a final court judgment can be lengthy. For this reason, many clients are trying to quickly stop loan payments. In the new article „Securing a lawsuit in franking cases”, we discuss the important issues related to the possibility of suspending repayments for the duration of the court proceedings by filing a security claim.

We also present the current situation in which the approach of judges to requests for security is changing after the judgment of the Court of Justice of the European Union of June 15, 2023 in case C-287/22. This judgment has had a huge impact on the jurisprudence in Poland, especially in cases involving loan agreements indexed to the Swiss franc.

The article discusses key aspects of the CJEU ruling, which stated that national courts are obliged to grant borrowers’ requests to suspend installment payments for the duration of cancellation proceedings. This change in the interpretation of EU regulations has implications for judicial practice and the position of banks in these cases.

We encourage you to read the article to get a full picture of the new possibilities related to securing lawsuits in franking cases. Link to article:

Zabezpieczenie powództwa, sprawy frankowe, Frankowicze, umowa kredytowa, unieważnienie umowy, wniosek o zabezpieczenie roszczeń, zawieszenie spłaty rat, postępowanie sądowe, orzecznictwo, TSUE, dyrektywa 93/13/EWG, warunki umowy, środki tymczasowe, skuteczność orzeczenia, konsument, sędziowie, banki