Decline in Swiss Franc Loan Cases: Nearly 55 thousand lawsuits filed in three quarters

In the first three quarters of the current year, the number of Swiss franc-related cases filed in district courts was 2% lower than in the corresponding period of 2023. According to experts on the subject, many borrowers still opt to initiate a dispute because banks do not offer them attractive settlements. At the same time, the pool of active Swiss franc loans is dwindling. The data shows that most of these lawsuits were filed in the Warsaw District Court, though their number dropped by over 30% annually. Experts suggest that this is a result of the amendment to the Code of Civil Procedure, in effect since mid-April of last year. The predictions for the next few months are varied.

Still high numbers of lawsuits

According to data provided by 47 district courts, about 54.9 thousand Swiss franc-related cases were filed during the first three quarters. This is 2% less than in the corresponding period of 2023 when there were 56 thousand. As reported by Adrian Goska, a legal advisor at the SubiGo Law Firm, this slight decrease suggests that interest in pursuing claims by Swiss franc borrowers is not declining. Many of them still decide to enter into disputes because banks are incapable of offering them satisfactory settlements, and court rulings decisively favour borrowers.

– Last year was a record in terms of the number of lawsuits related to Swiss franc matters filed in courts. In 2024, many of them are still being filed. However, we are not experiencing such a sudden annual increase in initiated disputes as was systematically the case in previous years. This may confirm the opinions of those experts who predict that we are already at the so-called peak wave in terms of the number of new proceedings. This thesis may be justified given the gradual depletion in banks of the pool of active Swiss franc loans – comments Piotr Glonek, a legal advisor at the Gardocki and Partners Law Firm.

According to the attorney Goska, the current statistics should not be surprising, especially in the context of the number of concluded Swiss franc contracts and ongoing and completed court disputes. The expert insists that the determination of Swiss franc borrowers goes hand in hand with rulings that are favourable to them. They confirm that mortgage agreements contain unfair terms, which directly consolidate the position of consumers vis-à-vis banks.

– A circumstance that borrowers must take into account, especially those filing lawsuits in courts located in large urban areas, is the duration of the proceedings. I have already observed that hearings in this category of cases are being scheduled by the Warsaw District Court for November 2026. This could deter some borrowers from filing a lawsuit. In this regard, comprehensive settlement and mediation projects currently being implemented by banks are a solution that resolves such dilemmas – adds attorney Piotr Glonek.

Impact of the amendment to the Code of Civil Procedure

Analysing data from individual district courts, we see that in the first three quarters of the current year, the most Swiss franc-related lawsuits were filed at the Warsaw District Court – 9,2 thousand (13,1 thousand the previous year, a yoy decrease of 30,2%). Next is the Gdańsk District Court – 5,3 thousand (4,2 thousand in Q1-Q3 of 2023 and an increase of 26,9% yoy), the Warsaw-Praga District Court – 4,8 thousand (4,3 thousand and +12,9% yoy), the Poznań District Court – 4,7 thousand (4,2 thousand and +12% yoy), the Wrocław District Court – 3,1 thousand (2,5 thousand and +21,9% yoy), and also the Kraków District Court – 2,6 thousand (2,6 thousand with a yoy decrease of 1,6%). At the end of the list, we have Łomża District Court – 77 (69 the previous year, increase of 11,6% yoy), Przemyśl District Court – 153 (116 and +31,9% yoy), Tarnobrzeg District Court – 175 (179, decrease of 2,2% yoy), Zamość District Court – 178 (161 and +10,6% yoy), and Krosno District Court – 178 (171 and +4,1% yoy).

– Legal regulations had a significant impact on the distribution of cases. There is a visible decrease at the Warsaw District Court, which results from the amendment to the Code of Civil Procedure in mid-April 2023. Simultaneously, there was an annual increase in the number of cases in other district courts, such as Gdańsk, Warsaw-Praga, Poznań or Wrocław. These changes show that Swiss franc borrowers are increasingly directing lawsuits to courts that are competent for their place of residence – underscores the expert from the SubiGo Law Firm.

As attorney Piotr Glonek points out, for consumer lawsuits, jurisdiction was designated for the plaintiff’s (borrower’s) place of residence by the legislator for a five-year period. This was done to lighten the workload of the Warsaw District Court, and this goal is gradually being achieved. According to the expert, the district courts that will be under increasing pressure from the influx of cases are those that have traditionally settled a high number of disputes. These are the courts in urban agglomerations, which are also home to banks that have CHF loans in their portfolio and a large number of court cases involving currency loans. For example, Wrocław, Łódź, or Gdańsk, with hearings in the latter city being scheduled by the local district court for the first half of 2026.

– In the coming months, we can expect a very gradual decrease in the number of new Swiss franc-related lawsuits, as the number of Swiss franc borrowers is limited, and no new borrowers are joining this group. These types of loans were offered years ago. Now, only current borrowers or those making repayments can assert their rights, which naturally limits the potential number of new lawsuits – says the legal advisor Adrian Goska.

Banks are also forced to take legal action to protect the capital paid out (in the context of the lack of obligation of the so-called balance theory), as highlighted by attorney Piotr Glonek. In the legal advisor’s opinion, if we combine both categories of Swiss franc-related cases, the coming months may bring an increase in the total number, and hence a greater burden on the courts. According to the expert, this is all the more reason to view favourably proposals that are emerging, also from the Ministry of Justice, for accumulating such cases – both from the borrower’s and the bank’s side. The goal would be to facilitate negotiation and conclusion of a settlement between the parties.

– Despite the passage of time, there are still many people who are unaware that their contracts may contain unfair terms, making them potentially unlawful. From my observations, there is still a large number of borrowers in the market who do not yet know that their contracts can be contested in court. For those who have been paying off their loan according to the original terms for years, information about the possibility of having the contract annulled or significantly changing the loan terms is often a surprise. Therefore, there is still potential for an increase in the number of lawsuits due to lack of awareness – concludes the legal advisor from the SubiGo Law Firm.