Po opinii Rzecznika Generalnego TSUE ws. C-520-21 nadzór finansowy podtrzymuje swoje stanowisko

In view of the pending case C-520/21 before the European Court, the Polish Financial Supervision Authority (KNF) has published a press release to confirm its position in this matter which was already outlined by the Chairman’s hearing in October 2022.
Specifically, case C-520/21 deals with the issue of whether or not a mortgage contract concluded between a bank and its customer that is subsequently deemed void due to „unfair“ terms in the contract in accordance with the Unfair Contract Terms Directive (Council Directive 93/13/EEC) entitle the customer to the repayment of ALL payments made under the contract plus adequate interest payments on these amounts to make up for possibly lost income and the payment of additional redress for damages (e.g. the loss of buying power due to inflation). Additionally, the question is of whether or not an institution may – subsequent to the voidance of the contract – offer an alternative loan arrangement to the client to settle the issue.
In its press statement now, the KNF confirms that it upholds its October 2022 position that banks should in no case be deprived of the opportunity to engage in an alternative credit arrangement with the client following the voidance of a contract and that banks should in no way be deprived of right to recover the financing costs they incurred in connection with the original loan arrangement. Any such deprivation could cause serious harm to the financial stability in Poland.