If the court declares the contract for a mortgage loan indexed to a foreign currency null and void, the bank is not entitled to remuneration for the use of capital.
Such position was taken by the President of the Office of Competition and Consumer Protection on the judgment of the Court of Justice of the European Union of October 3, 2019 in case C-260/18 (Dziubak vs Raiffeisen Bank International AG) and its effects on contracts concluded in consumer trading.
Given the frequent reports of banks’ attempts to put pressure on borrowers who question the validity of loan agreements due to abusive clauses contained in them, I do not see any legal grounds for demanding any sums of money from their clients when the court invalidates the agreement. I would like to remind you that the reason for such a ruling is the use of prohibited clauses by the bank, which violates good manners and consumer interests. There can be no agreement that only consumers are burdened by the unlawful actions of banks. In such situation, only the clients of financial institutions bear the consequences, and the bank should not be entitled any benefits, even though it used abusive provisions. This is clearly inconsistent with the provisions of Directive 93/13 on unfair contract terms – believes Marek Niechciał.
The position of the President of the Office of Competition and Consumer Protection can be found on the website – https://finanse.uokik.gov.pl/chf/stanowisko-prezesa-uokik-ws-dziubak-vs-raiffeisen-bank-international-ag/
