Problems with loans linked to a foreign currency are not limited to the Swiss franc. In the past, banks also offered loans indexed or denominated in euro, US dollars and other currencies.

Such agreements may contain mechanisms similar to those found in some Swiss franc loans – in particular, provisions on converting the loan amount and instalments at exchange rates set by the bank.

This does not mean, however, that every EUR or other foreign currency loan can automatically be treated in the same way as a Swiss franc loan.

Our firm reviews foreign currency loan agreements for unfair terms, the way exchange rates are set, currency risk and the bank’s disclosure obligations.

How we can help

In cases concerning loans in euro and other currencies, our work includes:

• analysing the loan agreement,

• establishing whether the loan was indexed, denominated or a genuine foreign currency loan,

• assessing the currency conversion provisions,

• analysing the exchange rate tables used by the bank,

• assessing the information provided on currency risk,

• analysing annexes and later amendments to the agreement,

• identifying possible claims against the bank,

• calculating the payments made under the agreement,

• preparing a demand for payment or a complaint,

• analysing settlement proposals,

• preparing and conducting court proceedings,

• settling accounts between the parties once the dispute ends.

As in Swiss franc cases, we analyse each agreement individually, because even loans granted by the same bank may differ in the wording of individual provisions.

Foreign currency, indexed and denominated loans – what is the difference?

In everyday language, all loans linked to the euro or the Swiss franc are often referred to as “foreign currency loans”.

From a legal point of view, however, several different structures should be distinguished.

In the case of an indexed loan the loan amount may have been set in Polish zloty and then converted into a foreign currency according to the rules set out in the agreement.

With a denominated loan the amount may have been set in a foreign currency, while the disbursement and subsequent repayment were made in zloty using specified exchange rates.

Different again is a genuine foreign currency loan, in which the funds were made available and repaid directly in that currency.

This distinction matters when assessing the agreement. The mere presence of the EUR or USD symbol does not determine which mechanism was actually applied.

Conversion clauses

One of the key areas of analysis is the provisions setting out how the loan amount and instalments are converted.

In some older agreements, the bank referred to its own exchange rate tables, used both when disbursing the loan and when calculating subsequent payments.

In such a case, we check, among other things:

• whether the agreement clearly stated how the exchange rate was set,

• whether the borrower could determine the amount of their own obligation,

• what influence the bank had over the exchange rate,

• whether different rates were applied to disbursement and repayment,

• whether the provisions were individually negotiated with the consumer.

If a contractual provision gives a business too much freedom in determining the consumer’s payments, it may be reviewed as a potentially unfair term.

Currency risk

Another important element is the risk of changes in the value of the currency.

A loan linked to the euro or another currency may initially have been attractive because of its interest rate or instalment amount. However, as the exchange rate changed, both the monthly payment and the debt expressed in zloty could change as well.

That is why we examine what information the borrower received before signing the agreement.

It may be relevant whether the consumer was informed in a way that allowed them to understand that a change in the exchange rate could affect not just a single instalment but the total economic burden of the obligation over a loan term of many years.

Do Swiss franc rulings also apply to euro loans?

Consumer protection against unfair contract terms is not limited to loans linked to CHF.

If a loan agreement in euro or another currency contains provisions that were not individually negotiated and may be unfair, they may also be subject to review by the court.

This does not mean, however, that every ruling concerning the Swiss franc can automatically be applied to a loan in EUR, USD or JPY.

What matters is the specific structure of the agreement, the way exchange rates were set and the information provided to the borrower.

That is why our analysis starts with the documents, not with the currency of the loan.

Can a euro loan be declared invalid?

In certain cases, the unfair nature of key contractual provisions may raise the question of whether the agreement can continue to function once they are removed.

If the parties’ main obligations cannot be determined without the disputed mechanism, it may be possible to pursue claims based on the agreement not being binding as a whole.

However, this is not an automatic consequence of every defective clause.

The court must assess the nature of the specific provisions, their importance for the agreement as a whole and the consequences under consumer law.

That is why, before filing a lawsuit, we establish not only whether the agreement contains questionable provisions, but also what their possible removal would mean for the continued existence of the loan.

How are accounts settled once the agreement is declared invalid?

If the court finds that the agreement is not binding on the parties as a whole, the payments made by the bank and the borrower must be settled.

The borrower may have a claim for the return of payments made to the bank under a non-binding agreement, while the bank may seek repayment of the capital it actually disbursed.

That is why, before starting a case, we analyse:

• the amount of the loan disbursed,

• the total repayments made,

• the currency of individual payments,

• commissions and other fees,

• the current outstanding balance,

• the possible way of settling mutual claims.

This allows us to present to the client not only the possible claim in court, but also the real economic effect of a possible ruling.

EUR loans and the special Swiss franc act

Since August 2026, special procedural rules have applied in Poland to cases concerning loans denominated in and indexed to the Swiss franc.

However, this regulation is limited to CHF loans only.

This means that loans in euro, US dollars or other currencies should not automatically be covered by the special solutions provided for in the Swiss franc act, e.g. those concerning certain procedural effects after the lawsuit has been served on the bank.

Cases concerning other currencies are handled under the general rules applicable to them.

This is yet another reason why a EUR loan should not be mechanically treated in the same way as a Swiss franc loan.

Interest on foreign currency loans

In addition to the exchange rate conversion mechanism, foreign currency agreements also included reference rates used to set the interest rate.

These are, however, two separate issues.

A provision concerning the exchange rate may require a different analysis than a provision setting the interest rate.

That is why we examine the entire structure of the agreement and do not assume that challenging one mechanism automatically affects all other elements of the loan.

Does an annex fix the original agreement?

In later years, many banks allowed customers to repay their loans directly in the foreign currency or signed annexes with them changing the way instalments were converted.

Signing such a document alone does not always determine whether the provisions applied earlier were valid.

In our analysis we examine the wording of the original agreement, later annexes and the circumstances in which they were signed.

It is also important to establish whether the borrower made any statements accepting earlier provisions or waiving certain claims.

Loan already repaid

Full repayment of the loan does not necessarily mean that analysing the agreement is no longer relevant.

If, while performing the agreement, the borrower made payments based on provisions that may be unfair, the question of settling them may still arise in appropriate cases.

In such cases, the dates of the payments made, previous correspondence with the bank and the limitation periods for specific claims.

are particularly important. That is why a repaid agreement is also worth assessing on the basis of the full documentation.

Loans taken out for business purposes

The protection resulting from the rules on unfair contract terms is linked primarily to consumer status.

If the loan was taken out to buy property or for other purposes connected with business activity, it may be necessary to establish in what capacity the borrower acted when entering into the agreement.

Running a business does not automatically deprive the borrower of consumer protection, but its nature and connection with the agreement may be important for the case.

What documents do we need?

For the analysis we mainly need:

• the loan agreement,

• the terms and conditions in force when it was signed,

• annexes,

• attachments and risk statements,

• the loan disbursement history,

• the repayment history,

• bank certificates on the exchange rates applied,

• the current outstanding balance,

• previous correspondence with the bank.

If some of the documentation is not available, we help establish what information needs to be obtained before preparing the claim.

Legal assistance in foreign currency loan cases

Experience from Swiss franc cases shows how important it is, in loan agreements, to carefully analyse how exchange rates were set, what information was given to the consumer and the real economic effects of individual provisions.

The same issues may also arise in loans linked to the euro and other currencies, but each agreement must be assessed on the basis of its own wording and the circumstances in which it was signed.

We analyse the documents, identify possible claims and their financial consequences and, where there are proper grounds, represent the borrower in the dispute with the bank.

Our aim is to establish whether the provisions of a specific foreign currency loan agreement comply with the law and what options the borrower has if irregularities are found.