December 2023 was a landmark month for CHF loans. On 7 December, the judgment of Case C-140/22 was handed down in which the Court of Justice of the European Union (CJEU) ruled that the obligation to make declarations resulting in the invalidity of a contract was incompatible with the provisions of Directive 93/12. Therefore, the CJEU indicated that it is the duty of the courts to review and exclude contractual terms that have an unfair character. However, the court's exclusion of unfair clauses cannot be subject to suspension or be made subject to additional conditions provided by the national law. The CJEU thus ruled on the right of consumers to receive the full value of their claims, without being reduced by the interest the bank would have received.
Just a week later, on 14 December, the judgment in Case C-28/22 was handed down, clarifying the situations in which claims are limited. According to the CJEU, the statute of limitations for a bank's claim cannot begin earlier than that of the consumer. Nor can such a situation be contingent on possible declarations resulting in nullity or the declaration of the contract as ineffective. The CJEU also referred to the "right of retention" exercised by banks. Banks thus cannot exercise the right of retention without limitation, since doing so would result in the loss of default interest for consumers.