Surge in Lawsuits: Polish Consumers Seek Refunds from Banks Over Long-Repaid Loans

A growing number of Polish consumers are taking legal action against banks, demanding significant refunds for loans they finished repaying many years ago. According to legal experts like attorney Wojciech Bochenek, there’s a noticeable increase in court cases where former borrowers seek the return of alleged overpayments, with claims often reaching tens or even hundreds of thousands of złoty.

The banking sector attributes this trend partly to specialized law firms encouraging such lawsuits, particularly concerning loans indexed to the Swiss franc (CHF). This issue persists even for customers who previously agreed to settlements or completed their loan payments long ago. While the Warsaw Institute of Banking predicts most CHF loans will be off banks’ books by the end of 2025, the associated legal risks could still cost the sector up to PLN 10 billion in that year alone.

The disputes aren’t limited to mortgages. Borrowers are also challenging older cash loans, sometimes invoking the “free credit sanction” if loan agreements contained prohibited clauses. In response, some banks are offering to convert these old debts into new agreements, often waiving commission fees.

Amidst this rise in litigation, banking industry representatives are calling for clearer regulations establishing deadlines for filing such claims against financial institutions. The Ministry of Justice has indicated support for standardizing credit agreement terms, potentially through regulated model conditions proposed by experts like Dr. Aneta Domagalska-Wiewiórowska. The hope is that standardized, non-judicially reviewed contract models could reduce future disputes and alleviate pressure on the court system.

What This Means for Businesses in Poland

Tax policy changes in Poland have direct implications for both domestic and foreign-owned businesses. Companies operating in Poland must stay informed about regulatory developments to optimize their tax position and maintain compliance. The Polish tax system includes CIT (19% standard, 9% for small taxpayers), VAT (23% standard rate with reduced rates of 8% and 5%), and various sector-specific levies.

For international entrepreneurs and investors, understanding the Polish tax landscape is essential for business planning. Poland offers several attractive incentives including the Polish Investment Zone (up to 15 years of CIT exemption), R&D tax relief (up to 200% deduction), and the IP Box regime (5% effective CIT rate on qualified intellectual property income). Professional tax advisory can help identify the most beneficial structure for your specific situation.

The interplay between Polish domestic tax law and international tax treaties is particularly important for foreign-owned entities. Transfer pricing regulations, withholding tax provisions, and anti-avoidance rules (GAAR) require careful navigation to ensure both compliance and optimization.

If you are doing business in Poland or considering entering the Polish market, Zalewski Consulting can help. Learn more about our bank account opening services, or contact us for a free consultation.