Complaint to the CJEU against the regulation
I don’t like it Polish borrower, Beata Sołowicz, who submitted a complaint to the CJEU against the said regulation. Mariusz Korpalski, her legal advisor, said at a press conference that the complaint was filed under the treaty. He reminded that any EU citizen may challenge it within 2 months of the publication of the legal act.
The complaint rests on three pillars. The first is “unprecedented interference with existing contracts”. The second issue is the predictability of the SARON rate.
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– The second question is how this SARON will behave, because K.The European commission declares that it will make every effort to ensure that its quotations do not deviate from the LIBOR quotations, but the methodology is completely different, LIBOR was future-oriented and in the case of SARON, data will be retrieved from the past. The formula for its calculation is extremely complicated. The consumer is not able to check whether the SARON calculations are correct – assessed Mariusz Korpalski.
The third issue raised in the complaint is the declaration in the preamble to the EC regulation. According to the legal adviser, it showed that the Commission took into account only the interests of the banking sector. This is indicated by the references to loss avoidance by banks and the functioning of financial markets. However, the issue of consumer losses was missing.
The legal adviser emphasized that the legislative delegation for the European Commission covers contracts concluded after 2017 or 2018, “while the problem with LIBOR for the Swiss franc is in the contracts concluded in the years 1999-2012”.
Amendments to the franchise agreement
– Suddenly, the European Commission changes my contract. […] I was not left with any choice – said Beata Sołowicz.
She pointed out that although the behavior of LIBOR and SARON is similar so far, it is not known what the situation will look like in the long run.
At the end of June this year. the number of active Swiss franc mortgage contracts amounted to 415.1 thousand. – it follows from the data of the Credit Information Bureau made available to “Rzeczpospolita”. Loans of this type are repaid by about 723 thousand. people.