For many years, loans indexed to and denominated in the Swiss franc have been a source of disputes between borrowers and banks. The problem concerns mainly the contractual provisions setting out how the loan amount and instalments are converted at CHF exchange rates set by the bank.

If the agreement contains unfair terms, the borrower may – depending on its wording and the circumstances of the case – pursue claims in court relating to the invalidity of the Swiss franc loan agreement and the return of payments made to the bank.

Our firm handles Swiss franc cases against banks, representing borrowers both before and during court proceedings. We start every case by analysing the agreement and loan documentation, and then identify possible claims and the best way forward.

How do we help Swiss franc borrowers?

In Swiss franc cases, our work includes, among other things:

• analysing loan agreements indexed to and denominated in CHF,

• assessing whether they contain unfair contract terms,

• identifying possible claims against the bank,

• preparing calculations for settling the loan,

• preparing a demand to the bank and conducting pre-trial proceedings,

• analysing settlement proposals put forward by the bank,

• preparing a lawsuit against the bank,

• seeking a declaration of invalidity of the agreement and payment claims,

• representing borrowers before courts of both instances,

• defending against claims brought by the bank,

• settling accounts between the parties after the final judgment,

• steps related to enforcing the judgment and regularising the loan after the proceedings.

Every agreement requires a separate analysis. The mere fact that a loan was linked to the Swiss franc does not automatically mean that the specific agreement is invalid.

What is the problem with Swiss franc loans?

Many Swiss franc loan agreements contained provisions allowing the bank to set the exchange rate used to convert the amount of the loan disbursed and subsequent instalments.

In the case of consumers, such provisions may be assessed as potentially unfair terms.

If the court finds certain clauses unfair, they are not binding on the consumer. It must then be established whether the agreement can continue to function once they are removed.

Current case law is very significant here. If, after removing the unfair provisions on the conversion mechanism, it is not possible to establish an exchange rate binding on the parties, this may lead to a finding that the agreement is not binding on the parties in the remaining scope either.

Invalidation of a Swiss franc loan agreement

One of the most important claims in Swiss franc cases is a declaration that the loan agreement is invalid.

In practice, this means that the agreement does not have the effects the parties intended when they signed it, and the payments made by the borrower and the bank must be settled.

The borrower may claim the return of amounts paid under the invalid agreement, while the bank may have a claim for the return of the capital disbursed.

The claims of both parties are treated as separate. That is why, before taking the case to court, we analyse not only the amount of the client’s payments, but also the amount of capital received and the possible way of later settling accounts with the bank.

How are accounts settled with the bank?

The financial outcome of the case depends mainly on the amount of the loan, the total payments made and whether the loan is still being repaid.

If the agreement is declared invalid, the parties should settle the payments made under it.

This does not mean that the borrower receives all payments made from the bank while keeping the capital previously disbursed. The bank and the borrower each have their own claims connected with settling the invalid agreement.

That is why, even before filing a lawsuit, we try to present to the client the real economic effect of a possible ruling, not just the amount of the potential claim against the bank.

Our firm also works with financial analysis specialists, which allows us to determine the amounts precisely and prepare the calculations needed to conduct the case.

Can the bank demand remuneration for the use of capital?

For some time, one of the significant problems in Swiss franc cases were banks’ claims for additional remuneration for the borrower’s use of the capital provided.

Case law of the Court of Justice of the European Union has significantly strengthened consumer protection in this respect.

If an agreement is invalid because of unfair terms, the bank cannot obtain, through additional claims, benefits that would undermine the protective and deterrent nature of the rules on unfair contract terms.

This does not change the fact that the bank may claim the return of the capital actually provided to the borrower, so the way of settling mutual claims should be taken into account already when preparing the litigation strategy.

New rules in Swiss franc cases from 2026

Since 7 August 2026, a special act has been in force concerning court proceedings related to consumer loans denominated in or indexed to the Swiss franc.

One of the most important changes is the suspension of the obligation to pay instalments once the lawsuit has been served on the bank – until the final conclusion of the proceedings, in cases covered by the act.

This solution applies by operation of law, which means the borrower does not need to obtain a separate court order securing the claim in this respect.

The new rules are also intended to allow more efficient settlement of the mutual claims of the bank and the consumer in a single set of proceedings and to simplify certain procedural steps.

This is particularly important for people who still have an active loan and are considering taking their case to court.

Can you sue the bank if the loan has already been repaid?

Full repayment of the loan does not in itself mean that claims arising from unfair terms of the agreement can no longer be pursued.

In such a case, there is no longer an issue of further instalments, but the question of settling the payments made by the borrower under a defective agreement may still arise.

Before taking the case to court, however, it is necessary to analyse, among other things, the wording of the agreement, the dates of payments, previous correspondence with the bank and issues related to the limitation of claims.

That is why, even with a loan repaid many years ago, it is worth starting with an analysis of the documents.

Does signing an annex to the agreement rule out a lawsuit?

Many Swiss franc agreements were amended by annexes during their term, for example allowing instalments to be repaid directly in CHF.

Signing an annex does not automatically mean losing the possibility of challenging earlier provisions of the agreement.

What matters is the wording of the specific document, the circumstances in which it was signed and whether issues concerning unfair terms were actually settled knowingly and effectively.

That is why, when analysing a case, we take into account not only the original loan agreement but also all later annexes and arrangements made with the bank.

Settlement with the bank

Banks are increasingly offering borrowers settlements.

In certain cases, a settlement may be a reasonable way to end the dispute, but whether it is worthwhile should be assessed individually.

Before signing it, it is worth comparing the bank’s offer with what the borrower’s situation might look like after obtaining a favourable court judgment.

We analyse the terms offered by the bank, the way the debt is recalculated, the financial effects of the settlement and the consequences of waiving further claims.

The mere fact that the bank has made a settlement offer does not mean that accepting it will be the best solution.

Limitation of claims in Swiss franc cases

The question of limitation in Swiss franc cases has been the subject of numerous disputes and rulings of national courts and the Court of Justice of the European Union.

For a consumer, what matters among other things is the moment when they learned or – reasonably assessed – should have learned that the terms of the agreement were unfair.

You should therefore not assume that a claim is time-barred simply because the agreement was signed more than ten years ago.

At the same time, it is not worth putting off the question of limitation, because its assessment depends on the circumstances of the specific case.

What documents do we need for the analysis?

The first step is to gather the loan documentation.

The most important is the agreement itself, together with its attachments, terms and conditions and later annexes. Documents showing the repayment history, the amount of the loan disbursed, the exchange rates applied and the current outstanding balance are also useful.

If the borrower does not have all the documents, we can establish which of them need to be obtained from the bank before preparing the lawsuit.

On the basis of the documentation, we analyse the provisions of the agreement and determine what claims can be pursued and what the financial effect of the case may be.

Legal assistance in Swiss franc cases

Swiss franc cases combine consumer law, banking law, extensive national and EU case law and issues related to the financial settlement of the loan.

That is why our aim is to guide the client through the whole process as transparently as possible – from the first analysis of the agreement, through proceedings against the bank, to the actual enforcement of the judgment.

We represent borrowers at every stage of the case and help them pursue claims arising from unfair terms in loan agreements linked to the Swiss franc.