ABSTRACT

Protection of financial consumers plays an especially significant role in the post-COVID-19 era. One of the economic consequences caused by the pandemic is that many consumers affected by the crisis suffer financial difficulties, including those with the timely payment of their commitments. Bearing this in mind, some EU Member States (MS) implemented a broad range of measures with the aim of supporting challenges faced by borrowers. On the other hand, other MS, including Poland, did not take sufficient steps to ensure the necessary level of consumer protection. This, in turn, resulted in a massive amount of court actions regarding loan repayment. Against this background, this chapter examines the latest case law of the Court of Justice of the European Union (CJEU) addressing the problem of unfair clauses in foreign currency mortgage loans. Special consideration is devoted to the obligations of national courts and administrative authorities dealing with this issue.