WIBOR – Legal challenges and controversies in the shadow of Swiss franc cases
The end of last year caused considerable concern in the banking community. The District Court in Suwałki was the first to consider it justified to eliminate the entire variable interest rate clause from a PLN loan agreement – the margin and the WIBOR index. The judgment is not final, but some legal circles predict a precedent that will change the fate of WIBOR claims, similarly to the success of Swiss franc cases. However, this is more the result of wishful thinking of borrowers and their attorneys than a reflection of established judicial trends. As we know, one swallow does not make a spring…
RP