The balance theory or the ‘one-and-a-half condictio theory’?

Our experts, Piotr Haiduk, partner, and Aleksandra Cyniak, senior associate at Rzeczpospolita, analysed the consequences of the CJEU judgment in the Lubreczlik case (C-396/24).
The authors show that despite the groundbreaking significance of the Lubreczlik judgment, the legislator did not take its effects into account in its legislative work, once again shifting the burden of solving the systemic problem of Swiss franc loans onto the courts.

The article addresses, among other things, the following issues:

• discrepancies in case law following the Lubreczlik ruling
• practical consequences for banks, consumers and the justice system
• who benefits from relativising the balance theory and perpetuating legal chaos
• why the balance theory is a win for the justice system
• the significance of the CJEU ruling in case C-510/25 (Adazik)

The authors argue that the government's Swiss franc bill currently being debated in the Sejm is passé because it was drafted before the Lubreczlik ruling, which the bill's authors seem to overlook. The aim of the Swiss franc bill is to speed up proceedings and streamline the courts. However, until case C-510/25 (Adazik) is resolved and the effects of this judgment are determined at the statutory level, there will be no acceleration and, consequently, no real relief for the courts.

More in the article available HERE (Polish version only).