Magdalena Karolak

ORCID: 0000-0003-2899-3131

Assistant at the Department of Civil Law and Civil Procedure at the Nicolaus Copernicus University in Toruń, legal trainee attorney-at-law (Bar Association of Attorneys-at-Law in Toruń), awarded in the 7th edition of the competition of the President of Competition and Consumer Protection Office for the best master's thesis on competition protection for a thesis titled "Advertising in the law of unfair competition".

Article

A few remarks on the judgment of the Court of Justice of the European Union from 3.10.2019 in case Dziubak vs. Raiffeisen Bank (C-260/18), s. 35-43

DOI: 10.33226/0137-5490.2020.1.6

JEL: K12, K15

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A few remarks on the judgment of the Court of Justice of the European Union from 3.10.2019 in case Dziubak vs. Raiffeisen Bank (C-260/18)

The article deals with a matter of loans granted in the currency Swiss franc against the bacground of the judgment of the CJEU in case C-260/18. The authors summarize the conclusions from the abovementioned judgment, also taking into account national case law. In the specific circumstances of the case, an indexation clause may be considered as an abusive contract term.

The aim of the article is to outline the main problems arising from the judgment, in particular such as consequences of abusiveness, issues related to possible further binding force of the contract, recognition in full as invalid and resulting implications.

Keywords: franc loan; indexation clause; indexed loan; abusive clause; abusive contract term