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Significant opinion of the President – about Swiss Francs

Pursuant to the amendment to the Protection of Competition and Consumers Act, which came into force on 17th April 2016, the President of the Office of Competition and Consumer Protection is eligible to entering a significant opinion in case. Pursuant to Article 31d of the Act, the significant opinion in case  is a written statement of the President of the Office, which contains his own arguments and views, which are crucial for the trial, basing on the particular legal and factual circumstances.
On 25th August 2016 the President of the Office have announced his first significant opinion in case of consumers, which have signed the mortgage loan agreement in SFr currency against to mBank. According to The President of the Office, the whole clause of the contract, which establish the conditions of the possible change of the charging interest of the credit is abusive. Consequently, the clause doesn’t obligate the consumers. Because of the fact the clause is creating the conditions of the of the possible change of the charging interest, which are essential aspects of the agreement, as a result the abusive clause can even cause invalidity of the whole agreement.

Pursuant to the amendment to the Protection of Competition and Consumers Act, which came into force on 17th April 2016, the President of the Office of Competition and Consumer Protection is eligible to entering a significant opinion in case. Pursuant to Article 31d of the Act, the significant opinion in case  is a written statement of the President of the Office, which contains his own arguments and views, which are crucial for the trial, basing on the particular legal and factual circumstances.

On 25th August 2016 the President of the Office have announced his first significant opinion in case of consumers, which have signed the mortgage loan agreement in SFr currency against to mBank. According to The President of the Office, the whole clause of the contract, which establish the conditions of the possible change of the charging interest of the credit is abusive. Consequently, the clause doesn’t obligate the consumers. Because of the fact the clause is creating the conditions of the of the possible change of the charging interest, which are essential aspects of the agreement, as a result the abusive clause can even cause invalidity of the whole agreement.

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