Breaking news:

Resolution of the panel of 7 judges of the Supreme Court III CZP 6/21 of May 7, 2021 having the force of a legal principle
and maintaining the existing jurisprudence favorable to Swiss franc creditors demanding the cancellation of the contract
– it is up to the borrower to choose the validity of the prohibited contractual provision:

1.A prohibited contractual provision (Art.385 (1) § 1 of the Civil Code) is from the outset, by virtue of the law itself,
ineffective in favor of the consumer who may subsequently give consent to this provision and thus restore its effectiveness
with reverss effect.

2. If the loan agreement cannot be binding without an ineffective provision the consumer and the lender shall have
separate claims for the reimbursement of the cash benefits provided in the performance of the agreement
(Art. 410 § 1 in conjunction with Art. 405 of the Civil Code). The lender may request the return of the benefit
from the moment the loan agreement becomes permanently ineffective.

3. Gives a resolution the force of a legal principle.

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