Where the problem came from. Between 2005 and 2010 banks mass-sold CHF loans on the promise of lower interest (WIBOR 3M was then 5–6%, LIBOR CHF 3M around 2–3%). The borrower took the loan in PLN, but the amount was converted to CHF at the bank's own rate, and instalments were paid in PLN at the CHF rate on the payment date. When CHF/PLN went from 2.50 (2007) to 4.50 (2015) and 5.00+ (2022), the PLN instalment rose 80–100%, and even the outstanding balance (denominated in CHF) rose 80–100%. Despite years of payments the borrower still owed more than the original amount.
Case law from 2019. CJEU C-260/18 (Dziubak, October 2019) set the base: waloryzation clauses referring to a rate set unilaterally by the bank are unfair (opaque, undefined). Supreme Court 7-judge resolution III CZP 6/21 (April 2021) confirmed and refined: an abusive clause cannot be replaced by the NBP rate, and removing it makes the contract void. CJEU C-520/21 (June 2023): the bank cannot claim compensation for the use of principal after a contract is voided. In practice, a winning frankowicz gets back every instalment paid, returns the original principal, and the bank has no right to additional pay.
Situation in 2026. About 200 000 court cases, 95%+ ending in favour of the borrower. Banks mass-propose settlement solutions (converting the loan to PLN at a rate of 2.50–3.00), which are less favourable than a full suit but faster — a court case runs 2–4 years, a settlement takes a few months. The choice depends on profile: younger, long-term borrowers — sue (bigger saving); older, near the end of repayment — settle (less risk, faster closure).
Frequently asked questions
Effectively no. KNF Recommendation S from 2013 froze new foreign-currency loans for borrowers without income in that currency. Frankowicze is a historic problem.
Court fee: 1 000 PLN (simplified for claims up to 20 000 PLN) or 5% of the disputed amount (up to 200 000 PLN max fee). Lawyer: 5–15% success fee or a flat 8–20 000 PLN. A fee waiver is possible for low income.
Not directly. Frankowicze is a specialised area of law handled by law firms focused on bank disputes. Kreditano does not provide legal services.